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A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA), highlights the necessity for Illinois employers to be familiar with the requirement of this law.
The ODRISA has been in existence since the 1970’s. Buried within the ODRISA is also a meal break law. In recent years, the Illinois Department of Labor (IDOL) has processed more and more cases under this law and has found that many employers are still either unaware of the law, or unaware of its full scope. The potential for fines and penalties could be high enough to put some companies out of business.
What does this mean for you?
ODRISA has two main components, allowing one day of rest (24 hours) after six days of work, and permitting a meal break after a certain number of hours of work. Note the key words here are “permitting” and “allowing.”
Section 2 of ODRISA states that every employer shall allow every employee except those specified in this section at least twenty-four consecutive hours of rest in every consecutive seven-day period in addition to the regular period of rest allowed at the close of each working day.
This law includes a number of general exemptions, including most employees under the Fair Labor Standards Act (FLSA), employees whose hours are governed by a collective bargaining agreement (CBA), certain part-time employees, employees needed in emergencies to repair machinery or equipment, etc. Section 8 of ODRISA provides a procedure for employers to request a permit from the IDOL that authorizes them to have employees work 7 days in a row up to 8 times in a year.
Section 3 of ODRISA states that every employer shall permit its employees who are to work for 7 ½ continuous hours, except those specified in this section, 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 ½ continuous hours shall be entitled to an additional 20-minute meal period for every additional 4 ½ continuous hours worked. For purposes of this section, a meal period does not include reasonable time spent using the restroom facilities.
There are also some exemptions to the meal break law, including employees whose meal periods are established through a CBA, certain employees who monitor individuals with developmental disabilities or mental illness, and certain employees who are employed by a private company and are licensed under the Emergency Medical Services System Act. Also, hotel room attendants are entitled to a 30 (rather than 20) minute meal break, plus two 15-minute rest breaks if they are working 7 or more hours. Importantly, FLSA exempt employees are not exempt from the meal break law.
A best practice for employers is to require meal breaks be taken and to not allow employees to work 7 days in a row. Whether or not the employer has these specific policies, however, if it does happen that a meal break was skipped or not started on time, or an employee worked 7 or more days in a row, the employer must have the employee document, in writing, that they did so voluntarily. Another option for employers who know that employees may work 7 days in a row from time to time is to request a permit from the IDOL in advance.
Depending on the size of the employer and the number of violations, the penalties for noncompliance with ODRISA can be financially devastating to a company. It only takes one complaint to open up the time records of all employees of a company over a long period of time. Depending on the size of the company, penalties can be up to $500 per violation paid to the employees, and the same amount payable to the IDOL. The penalties are assessed for each instance in which an employee did not get a meal break and each time an employee worked 7 days in a row and will only be reduced or eliminated with documented proof of the voluntary nature of it or an exemption applies.
The law also prohibits employers from retaliating against an employee for submitting complaints to the IDOL, causing proceedings, or testifying in related investigations.
Key Takeaways:
- Employers should require all employees to record their time out and back in for all meal breaks.
- If an employee does not want to take a meal break or wants to work 7 or more days in a row, employers should obtain written confirmation directly from the employee that doing so is voluntary.
- Employers should be reviewing time keeping records on a weekly basis, at a minimum, to ensure that employees are complying with requirements to take meal breaks and disciplining if they are not.
Have Questions?
For more information, updates, and all requirements of the Act:
https://labor.illinois.gov/laws-rules/fls/odrisa.html
To access the FAQ’s:
https://labor.illinois.gov/faqs/odrisa-faq.html
To access the required Employer Poster in English:
To access the required Employer Poster in Spanish:
Contact Information:
To speak with a representative from the Illinois Department of Labor regarding the ODRISA:
Call: (312) 793-2804
Email: DOL.ODRISA@Illinois.gov
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