Understanding the Illinois One Day Rest in Seven Act
A recent rise in complaints under the Illinois One Day Rest in Seven Act (ODRISA) underscores how important it is for Illinois employers to understand this law’s requirements. Established in the 1970s, the Act governs mandatory rest days and meal breaks for employees. However, many employers remain unaware of its full scope, especially regarding meal breaks, which has led to increased violations and penalties.
Key Provisions of the Illinois One Day Rest in Seven Act
The Illinois One Day Rest in Seven Act has two main components:
- Rest Day Requirement: Employers must provide employees at least one full day (24 consecutive hours) of rest after six consecutive workdays.
- Meal Breaks: Employees working 7.5 continuous hours must be allowed a 20-minute meal break no later than five hours after starting. For shifts longer than 7.5 hours, an additional 20-minute break is required for every 4.5 additional hours worked.
The law includes exemptions for certain employees, such as those covered by collective bargaining agreements, emergency workers, and some part-time staff. Notably, the law uses the terms “allow” and “permit,” meaning employers should have policies that encourage taking breaks, but also allow for voluntary waivers.
Penalties and Compliance Risks
Failure to comply with the Illinois One Day Rest in Seven Act can result in significant penalties. Each violation—whether a missed meal break or an employee working seven consecutive days without proper authorization—can lead to fines up to $500 per occurrence. These fines are paid both to the employee and to the Illinois Department of Labor. A single complaint can trigger a detailed audit of all employee time records, making compliance critical.
Employers are advised to require employees to document in writing if they voluntarily waive meal breaks or work seven or more consecutive days. Additionally, employers can request permits from the Illinois Department of Labor to allow employees to work seven days in a row up to eight times per year.
Best Practices for Employers
To reduce risk and ensure compliance, employers should:
- Require employees to record their meal breaks accurately.
- Monitor timekeeping records regularly, at least weekly.
- Obtain written confirmation when employees skip meal breaks or work extended days voluntarily.
- Consider applying for permits from the Illinois Department of Labor if seven-day workweeks are common.
Protecting Against Retaliation Claims
The law also prohibits employers from retaliating against employees who file complaints, participate in investigations, or testify regarding ODRISA violations. This protection further emphasizes the need for clear policies and proper documentation.
Resources and Contact Information
For more information on the Illinois One Day Rest in Seven Act, including FAQs and required employer posters, visit the Illinois Department of Labor website:
To speak directly with an Illinois Department of Labor representative about ODRISA:
- Call: (312) 793-2804
- Email: DOL.ODRISA@Illinois.gov
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