Villanueva session veto 1
Updates include changes to meal and rest break requirements, employer penalties

SPRINGFIELD – As the New Year is fast approaching, employers should be aware of the new changes that have been made to the One Day Rest in Seven Act thanks to State Senator Celina Villanueva (D-Chicago).

“The One Day Rest in Seven Act is crucial for the protection of employees’ wellbeing,” said Senator Celina Villanueva. “It is important to make sure that employees know that when they need an additional break from working longer hours, that they can take one without being penalized. This will allow employees to perform at a higher rate without feeling as overwhelmed.”

The One Day Rest in Seven Act gives workers the right to a day of rest every workweek and breaks for meals or rest during daily work shifts. Originally, the law mandated a minimum of 24 hours of rest per calendar week. This will change to 24 hours of rest per seven-consecutive-day period. This means that any employee who works for six consecutive days, the law now covers them on day seven, even if those six days do not align with a Sunday through Saturday workweek. For instance, if an employee starts working in the middle of the week on a Wednesday and works six days straight, on the 7th day they are allowed to rest without being penalized by their employer.

Changes to the law that take effect Jan. 1 include new meal and rest break requirements and notice of posting requirements. New meal and break accommodations require employees to be given a 20-minute break if working a 12-hour shift or longer, and at least 24 consecutive hours of rest in every consecutive 7-day period, clarifying the day of rest requirements for workers whose schedules don’t align with a Sunday to Saturday calendar week.

The Illinois Department of Labor Standards Division will hold a virtual webinar on the new requirements on Tuesday, Dec. 13, 2022 from 11 a.m. – 12 p.m. with a Q&A session at the end of the webinar. Employers are encouraged to join the webinar to learn and ask questions about the new requirements taking effect on January 1 to ensure compliance. The webinar will also cover Illinois’ minimum wage increase from $12 to $13, also taking effect on Jan. 1. To register for the virtual webinar, visit the Registration Page.

More about the new ODRISA requirements taking effect on Jan. 1 can be found here.