Heyl Royster

 


Heyl Royster

 

Statute In The Spotlight

1/11/13

In each issue, Heyl Royster attorneys will summarize a statute that imposes requirements on an employer with respect to its employees. These summaries can be printed and compiled in a notebook for easy access and quick answers to your questions.

One Day Rest in Seven Act (820 ILCS 140)

Who: Every employer

What: (1) Shall allow every employee at least 24 consecutive hours of rest in every calendar week (in addition to the regular period of rest allowed at the close of each working day). Employees may voluntarily sign up to work during the required day of rest.

Employer Must: Before the first day of the week, which is usually Sunday, Employers must post in a conspicuous place a list of employees who are required or allowed to work on the first day of the week, and designating the day of rest for each such employee. Employees cannot be made to work on their designated day of rest.

Employees Excluded From One Day Rest Requirement: (1) Part-time employees, who total hours during a calendar week to not exceed 20 hours; (2) Employees needed in case of a breakdown of machinery or equipment or other emergency requiring immediate services to prevent injury, damage or suspension of necessary operation; (3) Employees in agricultural or coal mining; and (4) Employees engaged in canning and processing perishable agricultural products, if employed on a seasonable basis for not more than 20 weeks during any 12 month period; (4) Watchmen or security guards; (5) Those in a bona fide executive, administrative or professional capacity or an outside salesman as defined in the Fair Labor Standards Act or supervisors as defined in the National Labor Relations Act and (7) Crew members of any uninspected towing vessels operating in navigable waters in or along the boundaries of the State of Illinois.

Who: Every employer

What: Shall permit employees who are to work 7 ½ continuous hours or longer at least 20 minutes for a meal period beginning no later than 5 hours after the start of work

Employees Excluded From Meal Requirement: Does not apply to employees who (a) are subject to a collective bargaining agreement that establishes meal periods and (b) monitor individuals with developmental disabilities or mental illness or both, and, who, are required to be on call during an entire 8 hour work period, but those individuals shall be permitted to eat a meal during the 8 hour period while continuing to monitor those individuals.

Who: Hotel Room Attendants of hotels and other establishments licensed for transient occupancy located in a county with a population greater than 3,000,000.

What: Shall receive a minimum of two (2) 15-minute paid rest periods and one (1) 30-minute meal period in each workday if employee works at least 7 hours.

How: Employer must make a room on the employer's premises with adequate seating and tables for enjoyment of break and meal periods. Clean drinking water must be provided at no charge.

Recordkeeping: Employer must keep complete and accurate records of the break and meal periods. 

Violations: Must pay hotel room attendant 3 times the regularly hourly rate of pay for each workday the breaks were not provided; subject to damages, back pay, reinstatement, or injunctive relief. Employers will be guilty of a petty offense and fined not less than $25.00 nor more than $100 for each offense

Employer May Not: Retaliate against employees exercising their rights under this Act

Employers May: Apply for a permit to allow work for 7 days per week, but no more than 8 weeks per year, unless it is determined by the Director of Labor that the day of rest cannot be remedied by increasing the workforce.

This is only a summary of this statute and should be reviewed in its entirety along with the regulations provided for interpretation purposes and should be discussed with your legal counsel.