By: Paige Moricz, PHR
Key Takeaways:
- The Illinois One Day Rest in Seven Act (ODRISA) mandates meal breaks and one day off work every seven-day period for employees to maintain their well-being.
- Employees must be given a 20-minute meal break every 7.5 hours, taken no later than five hours into the shift. Reasonable bathroom breaks cannot count against this break.
- Under ODRISA, mandated meal breaks must be offered by the employer and any work during this time must be paid for.
- Significant penalties exist for noncompliance with ODRISA provisions, based on number of employees and number of offenses.
Employers Are Subject to Penalties for Noncompliance
The Illinois One Day Rest in Seven Act (ODRISA) requires employers to ensure that all employees have adequate meal breaks while on the job, as well as at least one day off work in each seven-day period. Since this is the start of a new year, it’s a good time for all employers to review policies and procedures that are in place to ensure that they are adhering to ODRISA provisions.
The law is intended to help workers maintain their physical and mental well-being, as well as prevent fatigue and burnout. It also provides time for family, religious and personal interests. The law took effect January 1, 2023, and changes this year require employers to track the actual time a shift started and the time workers take for their lunch breaks to ensure the break is taken no more than five hours after the start of the shift.
One Day of Rest
The ODRISA law states that employees have a right to one day off work – which is defined as 24 consecutive hours – each week or seven-day period. In other words, if an employee is scheduled to work Wednesday through Monday, they must be given the following Tuesday off. The employee must not be scheduled to work any more than six consecutive days.
This can be a challenge for employers who need to vary some workers’ schedules. A permit can be obtained from the Illinois Department of Labor that allows an employee to work a seventh day, as long as the additional shift is voluntary and the employee is paid at least time-and-a-half for that day.
Meal Breaks
Under ODRISA, businesses also must provide workers with a minimum 20-minute meal break for every 7.5 hours worked, to be taken no later than five hours into the shift. Employees scheduled for a 12-hour shift must be given an additional minimum 20-minute meal break.
Reasonable bathroom breaks may not be counted against the 20-minute meal break.
Many employees are accustomed to working during their lunch breaks. Under ODRISA, the mandated meal breaks must be offered by the employer. However, if an employee works during the lunch break or takes fewer than 20 minutes – even voluntarily – they must be paid for the time worked. For this reason, it is important for management and coworkers alike to respect each worker’s break time, particularly if they are in the office kitchen or breakroom, but even if they are eating lunch at their desk.
It is important to note that the provisions of ODRISA do not apply to workplaces where meal breaks, work hours, workdays or rest periods are governed by collective bargaining agreements.
Penalties for Noncompliance
Employers are subject to significant penalties for violations of ODRISA:
- Employers with fewer than 25 employees are liable for fines of up to $250 paid to the employee for each offense, and a fine of up to $250 to the Illinois Department of Labor for each offense.
- Employers with fewer than 25 employees are liable for fines of up to $500 paid to the employee for each offense, and a fine of up to $500 to the Illinois Department of Labor for each offense.
- An “offense” for the meal breaks provision is defined as any single one-day shift for which a full 20-minute break was not provided. For the day of rest provision, an offense is defined as a single seven-day period during which no 24-hour period of rest was provided.
A poster outlining the provisions of ODRISA is required to be posted prominently in all workplaces or provided electronically to workers.
If you have questions about your company’s compliance with the ODRISA law, contact your KRD advisor.
