EMPLOYMENT LAW NEWS

Illinois One Day Rest in Seven Act Update

By Jana Bjorklund, GovDocs Senior Counsel and Director, Employment Law and Compliance
Published May 26, 2022

Illinois One Day Rest in Seven Act

The amended Illinois One Day Rest in Seven Act becomes effective Jan. 1, 2023.

For years, under the Illinois One Day Rest in Seven Act, the state has required that employees be provided at least 24 consecutive hours of rest in a calendar week.

On May 13, 2022, Illinois amended this statute and employers are now required to provide employees with 24 consecutive hours of rest in every consecutive seven-day period.

The law becomes effective Jan. 1, 2023.

Exemptions to the Illinois One Day Rest in Seven Act

Despite the amended law, some employees are exempt from these requirements.

This requirement does not apply to the following employees:

  • Part-time employees who work 20 hours or less in a week
  • Employees needed in case of a breakdown of machinery or equipment or other emergency requiring immediate services of experienced labor
  • Employees in agriculture or coal mining
  • Employees in canning and processing perishable agricultural products if employed seasonally and not more than 20 weeks during a 12-month period
  • Watchmen or security guards
  • Exempt employees as defined under the federal Fair Labor Standards Act or supervisors as defined under the National Labor Relations Act
  • Crew members of an uninspected towing vessel

Related: Meal and Rest Break Laws

New Posting Requirement

Employers will be required to post a notice in their workplaces providing employees with the requirements of the Illinois One Day Rest in Seven Act and information on how to file a complaint.

And, surprisingly, Illinois is keeping up with the times and the fact that so many employers now have remote workers. The act includes a requirement that employers with remote workers must provide the notice to its remote workers by email or on an internal website used by the employer to communicate work related information.

Labor Law Poster Updates. Simplified.

Next Steps

Employers in Illinois should review their scheduling practices to ensure that by Jan. 1, 2023, they are in compliance with the new amended requirements and are providing the employees impacted by the Illinois One Day Rest in Seven Act 24 consecutive hours of rest in every consecutive seven-day period.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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