Illinois amends rules for day of rest and meal periods
07/07/22
Author: ADP Admin/Tuesday, July 5, 2022/Categories: Compliance Corner , State Compliance Update, Illinois
Illinois has enacted legislation (Senate Bill 3146) that amends the state’s rules governing a day of rest and meal periods. Senate Bill 3146 takes effect January 1, 2023.
The Details:
Senate Bill 3146 amends the state’s One Day Rest in Seven Act as follows:
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Current Law
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Amended Law Effective 1/1/23
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Day of Rest
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With limited exceptions, employers must allow employees at least 24 consecutive hours of rest inevery calendar weekin addition to the regular period of rest allowed at the close of each working day.
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With limited exceptions, employers must allow employees at least 24 consecutive hours of rest inevery consecutive seven-day period in addition to the regular period of rest allowed at the close of each working day.
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Meal Periods
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With limited exceptions, employers must permit employees who are to work for 7 1/2 continuous hours or longer at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period.
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With limited exceptions, employers must permit employees who are to work for 7 1/2 continuous hours at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period. An employee who works in excess of 7 1/2 continuous hours is entitled to an additional 20-minute meal period for every additional 4 1/2 continuous hours worked. A meal period doesn’t include reasonable time spent using the restroom facilities.
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Notice
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Before the first day of a calendar workweek, employers must post a schedule containing a list of employees who are required or allowed to work on Sunday and designating the day of rest for each.
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Before the first day of a calendar workweek, employers must post a schedule containing a list of employees who are required or allowed to work on Sunday and designating the day of rest for each. Employers must also post a notice in each workplace summarizing the requirements of the law and providing information about filing a complaint. An employer with employees who don’t regularly report to a physical workplace, and instead work remotely or travel for work, must also provide the notice by email to its employees or on a website, regularly used by the employer to communicate work-related information, that all employees are able to regularly access, freely and without interference.
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Senate Bill 3146 also amends the penalties that employers may face for violating the law. See the text of Senate Bill 3146 for details.
Next Steps:
- Ensure compliance with the day of rest and meal period changes by January 1, 2023.
- Watch for the new required notice, which will be published by the Illinois Department of Labor.
- Provide the notice as required.
- Train supervisors on the changes.
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