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A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the importance for Illinois employers to fully understand this law. Although ODRISA has been in place since the 1970s, many employers remain unaware of its requirements. The potential fines and penalties for noncompliance can be substantial, and in some cases, may even threaten a company’s survival.
Understanding ODRISA: Rest and Meal Breaks
ODRISA has two main components that employers need to be aware of:
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One Day of Rest: Employees must receive 24 consecutive hours of rest after six days of work.
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Meal Breaks: Employees working a set number of hours are entitled to a meal period.
The law emphasizes that employers are permitted and required to comply, without placing undue restrictions on employees’ choices.
One Day of Rest Requirements
Under Section 2 of ODRISA, every employer must allow employees at least 24 consecutive hours of rest in each seven-day period, in addition to daily rest periods.
Certain employees are exempt, including:
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Employees covered by the Fair Labor Standards Act (FLSA)
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Employees whose hours are governed by a Collective Bargaining Agreement (CBA)
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Certain part-time employees
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Employees needed in emergencies, such as to repair machinery
Working Seven Days in a Row
Section 8 of ODRISA allows employers to request a permit from the Illinois Department of Labor (IDOL) to have employees work seven consecutive days up to eight times per year.
Meal Break Requirements
Section 3 of ODRISA states that employees working 7½ continuous hours are entitled to a 20-minute meal break, starting no later than five hours into the work period. Employees working beyond 7½ hours are entitled to additional 20-minute breaks for every 4½ hours worked. Time spent in restroom breaks does not count as part of the meal period.
Meal Break Exemptions
Some exemptions include:
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Employees with meal periods established through a CBA
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Employees monitoring individuals with developmental disabilities or mental illness
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Certain licensed Emergency Medical Services (EMS) personnel
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Hotel room attendants: 30-minute meal break plus two 15-minute rest breaks if working seven or more hours
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FLSA exempt employees are not exempt from meal break requirements
Best Practices for Employers
To reduce risk and stay compliant:
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Require employees to take their meal breaks.
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Avoid allowing employees to work seven consecutive days.
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If employees voluntarily skip a meal or work extra days, have them document this in writing.
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Consider obtaining an IDOL permit in advance if employees may occasionally work seven days in a row.
Penalties for Noncompliance
Failure to comply with ODRISA can be financially significant:
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Up to $500 per violation per employee, plus $500 payable to IDOL.
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Penalties apply for each skipped meal break and each instance of working seven consecutive days.
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Penalties may only be reduced with documented proof of voluntary compliance or valid exemptions.
Employers are also prohibited from retaliating against employees who submit complaints, participate in investigations, or testify in related proceedings.
Key Takeaways
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Require employees to record start and end times for all meal breaks.
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Obtain written confirmation if employees voluntarily skip breaks or work seven days in a row.
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Review timekeeping records weekly to ensure compliance and discipline when necessary.
Resources & Contact Information
Contact IDOL regarding ODRISA:
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Call: (312) 793-2804
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Email: DOL.ODRISA@Illinois.gov
By following these guidelines and implementing clear policies, Illinois employers can protect their businesses, maintain compliance, and ensure employees are treated fairly under ODRISA.
Stay Informed. Stay Compliant. Grow With Confidence.
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