(820 ILCS 140/1) (from Ch. 48,
par. 8a)
Sec. 1.
The words and phrases mentioned
in this section, as used in this Act, and in proceedings pursuant
hereto shall, unless the same be inconsistent with the context,
be construed as follows:
"Employer" shall mean
a person, partnership, joint stock company or corporation, which
employs any person to work, labor or exercise skill in connection
with the operation of any business, industry, vocation or occupation.
(Source: P. A. 78-917.)
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(820 ILCS 140/2) (from Ch. 48,
par. 8b)
Sec. 2. Every employer shall allow
every employee except those specified in this Section at
least twenty-four consecutive hours of rest in every
calendar week in addition to the regular period of rest
allowed at the close of each working day.
This Section does not apply to
the following:
(1) Part-time employees whose
total work hours for one employer during a calendar week do not
exceed 20; and
(2) Employees needed in case of
breakdown of machinery or equipment or other emergency requiring
the immediate services of experienced and competent labor to
prevent injury to person, damage to property, or suspension of
necessary operation; and
(3) Employees employed in agriculture
or coal mining; and
(4) Employees engaged in the occupation
of canning and processing perishable agricultural products, if
such employees are employed by an employer in such occupation
on a seasonal basis and for not more than 20 weeks during any
calendar year or 12 month period; and
(5) Employees employed as watchmen
or security guards; and
(6) Employees who are employed
in a bonafide executive, administrative,
or professional capacity or in the capacity of an outside salesman,
as defined in Section 12 (a) (1) of the federal Fair Labor Standards
Act, as amended, and those employed as supervisors as defined
in Section 2 (11) of the National Labor Relations Act, as amended;
and
(7) Employees who are employed
as crew members of any uninspected towing
vessel, as defined by Section 2101(40) of Title 46 of the United
States Code, operating in any navigable waters in or along the
boundaries of the State of Illinois.
(Source: P.A. 92-623, eff.
7-11-02.)
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(820 ILCS 140/3) (from Ch. 48,
par. 8c)
Sec. 3. Every employer shall permit
its employees who are to work for 7 1/2 continuous hours
or longer, 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.
This Section does not apply to
employees for whom meal periods are established through the collective
bargaining process.
This Section does not apply to
employees who monitor individuals with developmental disabilities
or mental illness, or both, and who, in the course of those duties,
are required to be on call during an entire 8 hour work period;
however, those employees shall be allowed to eat a meal during
the 8 hour work period while continuing to monitor those individuals.
(Source: P.A. 88-73.)
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(820 ILCS 140/3.1)
Sec. 3.1. Hotel room attendants.
(a) As used in this Section, "hotel
room attendant" means a person who cleans or puts in order
guest rooms in a hotel or other establishment licensed for transient
occupancy.
(b) This Section applies only to
hotels and other establishments licensed for transient occupancy
that are located in a county with a population greater than 3,000,000.
(c) Notwithstanding any other provision
of law, every hotel room attendant shall receive a minimum of
2 15-minute paid rest breaks and one 30-minute meal
period in each workday on which the hotel room attendant works
at least 7 hours. An employer may not require any hotel room
attendant to work during a break period.
(d) Every employer of hotel room
attendants shall make available at all times a room on the employer's
premises with adequate seating and tables for the purpose of
allowing hotel room attendants to enjoy break periods in a clean
and comfortable environment. The room shall have clean drinking
water provided without charge.
(e) Each employer of hotel room
attendants shall keep a complete and accurate record of the break
periods of its hotel room attendants.
(f) An employer who violates this
Section shall pay to the hotel room attendant 3 times the hotel
room attendant's regular hourly rate of pay for each workday
during which the required breaks were not provided.
(g) It is unlawful for any employer
or an employer's agent or representative to take any action against
any person in retaliation for the exercise of rights under this
Section. In any civil proceeding brought under this subsection
(f), if the plaintiff establishes that he or she was employed
by the defendant, exercised rights under this Section, or alleged
in good faith that the defendant was not complying with this
Section, and was thereafter terminated, demoted, or otherwise
penalized by the defendant, then a rebuttable presumption
shall arise that the defendant's action was taken in retaliation
for the exercise of rights established by this Section. To rebut
the presumption, the defendant must prove that the sole reason
for the termination, demotion, or penalty was a legitimate business
reason.
(h) In addition to the remedies
provided in Sections 6 and 7, a person claiming violation of
this Section shall be entitled to all remedies available under
law or in equity, including but not limited to damages, back
pay, reinstatement, or injunctive relief. Any person terminated
in violation of this Section shall recover treble his or her
lost normal daily compensation and fringe benefits, together
with interest thereon, and any consequential damages suffered
by the employee. The court shall award reasonable attorney's
fees and costs to a prevailing plaintiff in an enforcement action
under this Section.
(Source: P.A. 94-593, eff.
8-15-05.)
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(820 ILCS 140/4) (from Ch. 48,
par. 8d)
Sec. 4. Before operating on the
first day of the week, which is commonly known as Sunday,
every employer shall post in a conspicuous place on the
premises, a schedule containing a list of his employees
who are required or allowed to work on Sunday, and designating
the day of rest for each. Anything in this Act to the contrary
notwithstanding, no employee shall be required to work
on the day of rest so designated for him.
(Source: P.A. 80-1294.)
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(820 ILCS 140/5) (from Ch. 48,
par. 8e)
Sec. 5.
Every employer shall keep a time
book showing the names and addresses of all employees and
the hours worked by each of them on each day, and such
time book shall be open to inspection at all reasonable
hours by the Director of Labor.
(Source: P. A. 78-917.)
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(820 ILCS 140/6) (from Ch. 48,
par. 8f)
Sec. 6. The Director of Labor shall
be charged with the duty of enforcing the provisions of
this Act and prosecuting all violations thereof and may
make, promulgate and enforce such reasonable rules and
regulations relating to the administration and enforcement
of the provisions of this Act as may be deemed expedient.
The violation of any rule or regulations so prescribed
shall be deemed a violation of the Act.
(Source: P.A. 80-1294.)
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(820 ILCS 140/7) (from Ch. 48,
par. 8g)
Sec. 7.
Any employer who violates any of
the provisions of this Act, shall be guilty of a petty
offense, and shall be fined for each offense in a sum of
not less than $25 nor more than
$100.
(Source: P. A. 77-2418.)
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(820 ILCS 140/8) (from Ch. 48,
par. 8h)
Sec. 8. The Director of Labor shall
grant permits authorizing the employment of persons on
days of rest designated pursuant to Section 4 of this Act.
Such permits shall not authorize the employment of persons
for 7 days a week for more than 8 weeks in any one year,
unless the Director finds that the necessity for employment
of persons on their designated day of rest cannot be remedied
by increasing the number of employees or by adjusting production
schedules. The Director of Labor shall give due consideration
to business necessity and economic viability in granting
such permits.
(Source: P.A. 80-1294.)
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(820 ILCS 140/9) (from Ch. 48,
par. 8i)
Sec. 9. Short title. This Act may
be cited as the One Day Rest In Seven Act.
(Source: P.A. 86-1324)
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