Posted on June 01, 2023 in Employment Lawyer
Worker shortages, inflation, the rising cost of supplies, and other factors have made it difficult for many Illinois businesses to keep their doors open. A significant percentage of businesses are understaffed, and existing employees are often asked to work extra shifts or longer hours to compensate for this.
However, as an employer, it is essential that you understand your obligations and limitations under Illinois and federal law. In this blog, we will discuss the One Day Rest in Seven Act and how it can influence employee work schedules.
Governor JB Pritzker signed Bill 3146, in May of last year. The bill amends the One Day Rest In Seven Act (ODRISA) and adds additional provisions all Illinois employers should be aware of. The new legislation went into effect on January 1, 2023.
As the name suggests, the One Day Rest In Seven Act requires employers to give workers at least 24 hours of rest every seven consecutive days. If a worker voluntarily chooses to work a seventh day, the employer may ask the Illinois Department of Labor for permission to schedule the worker above and beyond the seven-day limitation.
The legislation also requires employers to provide meal breaks. An employer may not require an employee to work during a meal break or skip a meal break. Employees must be given the opportunity to take a meal break every 7.5 hours. If an employee works 12 hours or longer, they must be given an additional 20-minute break.
Employers who violate ODRISA may be required to pay damages to the employee and will also be subject to a penalty from the Illinois Department of Labor. It should be noted that the requirements regarding meal breaks and rest days do not apply to workers whose breaks and days off are determined by collective bargaining agreements.
Many employers are struggling to find enough staff to keep their business in operation. Some companies have been forced to reduce hours of operation, cut back on certain products or services, or rely more heavily on contractors to cope with worker shortages.
Whatever your situation, complying with Illinois employment laws is essential. Failure to comply can lead to Significant financial and legal consequences. If you have been accused of violating the One Day Rest in Seven Act, Fair Labor Standards Act, or other employment laws, contact our Schaumburg, IL employment lawyer for help. Attorney Richard J. Miller provides trustworthy legal advice, strong representation, and ongoing support to Illinois employers. Call 847-995-1205 to schedule a free consultation today.