The One Day Rest In Seven Act (“ODRISA”) sets requirements for employers regarding days of rest and breaks during work shifts for employees. On May 13, 2022, Illinois Governor J.B. Pritzker signed into law amendments to ODRISA.
These amendments came into effect on January 1, 2023, changing break and rest period requirements for employers. Below is an overview of some of the important changes to ODRISA that all Illinois employers should be familiar with.
What are the changes?
Previously ODRISA required employers to give their employees who work for “seven and a half continuous hours or longer at least twenty minutes for meal periods beginning no later than five hours after the start of the work period”. The new amendments add that employers are required to give employees an additional twenty-minute meal period for every additional four and a half continuous hours worked after the initial seven and a half hours. As such, for example, workers who work twelve-hour shifts are entitled to two meal periods.
There is also a change the language of the law regarding rest days. In 2022, employers were required to permit “at least twenty-four consecutive hours of rest in every calendar week”. This has now changed so that employees are entitled to “twenty-four consecutive hours of rest in every consecutive seven-day period”. This applies to any employee that works six consecutive days regardless of if their schedule aligns with a Sunday-Saturday work week.
Notification Requirements
Employers are required to post a notice on ODRISA in a conspicuous place. Remote workers must be notified via email or on a website accessible to all employees regularly, freely, and without interference. Failure to provide notice will be subject to a penalty.
Posters have been made available on the Illinois Department of Labor’s website.
Penalties for Noncompliance
Penalties for violations of ODRISA will increase from petty to civil offenses under the amendments. Employers will face heightened penalties and damages payments, depending on their number of employees.
Employers should revisit their scheduling and meal policies accordingly to ensure compliance with the new amendments.
For more information on this article or business law in general, please contact Albee Law PC at (312) 279-0115 or by email at info@albeelaw.com.
