Bill Text: IL HB4602 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the One Day Rest In Seven Act. Provides that the calculation of required rest days does not include any time that the employee is on call. Provides that an employee who voluntarily agrees to work on a day of rest must be paid at his or her regular hourly rate or, if applicable, at the overtime wage rate as required by the Illinois Minimum Wage Law. Provides that every employer shall permit its employees who are scheduled or expected to work (rather than are to work) for 7 1/2 continuous hours at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period. Provides that any employer, or agent or officer of an employer, has violated the Act if he or she discharges, takes an adverse action against, or in any other manner discriminates against any employee because that employee has exercised a right under the Act. Provides that the Director of Labor may (rather than shall) grant long term and short permits authorizing the employment of persons on days of rest. Makes changes in provisions concerning definitions; posting requirements; recordkeeping; and civil offenses. Makes other changes.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-05-09 - Added Co-Sponsor Rep. Abdelnasser Rashid [HB4602 Detail]
Download: Illinois-2023-HB4602-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The One Day Rest In Seven Act is amended by | |||||||||||||||||||||||||||||||||
5 | changing Sections 1, 2, 3, 4, 5, 7, and 8 and by adding Section | |||||||||||||||||||||||||||||||||
6 | 5.5 as follows:
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7 | (820 ILCS 140/1) (from Ch. 48, par. 8a) | |||||||||||||||||||||||||||||||||
8 | Sec. 1. Definition. As used in this Act: | |||||||||||||||||||||||||||||||||
9 | The words and phrases mentioned in this section, as used in | |||||||||||||||||||||||||||||||||
10 | this Act, and in proceedings pursuant hereto shall, unless the | |||||||||||||||||||||||||||||||||
11 | same be inconsistent with the context, be construed as | |||||||||||||||||||||||||||||||||
12 | follows: | |||||||||||||||||||||||||||||||||
13 | "Employer" shall mean a person, partnership, joint stock | |||||||||||||||||||||||||||||||||
14 | company or corporation, which employs any person to work, | |||||||||||||||||||||||||||||||||
15 | labor or exercise skill in connection with the operation of | |||||||||||||||||||||||||||||||||
16 | any business, industry, vocation or occupation. | |||||||||||||||||||||||||||||||||
17 | (Source: P.A. 78-917 .)
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18 | (820 ILCS 140/2) (from Ch. 48, par. 8b) | |||||||||||||||||||||||||||||||||
19 | Sec. 2. Hours and days of rest in every consecutive | |||||||||||||||||||||||||||||||||
20 | seven-day period. | |||||||||||||||||||||||||||||||||
21 | (a) Every employer shall allow every employee except those | |||||||||||||||||||||||||||||||||
22 | specified in this Section at least twenty-four consecutive |
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1 | hours of rest in every consecutive seven-day period in | ||||||
2 | addition to the regular period of rest allowed at the close of | ||||||
3 | each working day , not including any time that the employee is | ||||||
4 | on call . | ||||||
5 | (a-5) A person employed as a domestic worker, as defined | ||||||
6 | in Section 10 of the Domestic Workers' Bill of Rights Act, | ||||||
7 | shall be allowed at least 24 consecutive hours of rest in every | ||||||
8 | consecutive seven-day period. This subsection (a-5) (a) does | ||||||
9 | not prohibit a domestic worker from voluntarily agreeing to | ||||||
10 | work on such day of rest required by this subsection (a-5) (a) | ||||||
11 | if the worker is compensated at the overtime rate for all hours | ||||||
12 | worked on such day of rest. The day of rest authorized under | ||||||
13 | this subsection (a-5) (a) should, whenever possible, coincide | ||||||
14 | with the traditional day reserved by the domestic worker for | ||||||
15 | religious worship. | ||||||
16 | (b) Subsection (a) does not apply to the following: | ||||||
17 | (1) Part-time employees whose total work hours for one | ||||||
18 | employer during a calendar week do not exceed 20; and | ||||||
19 | (2) Employees needed in case of breakdown of machinery | ||||||
20 | or equipment or other emergency requiring the immediate | ||||||
21 | services of experienced and competent labor to prevent | ||||||
22 | injury to person, damage to property, or suspension of | ||||||
23 | necessary operation; and | ||||||
24 | (3) Employees employed in agriculture or coal mining; | ||||||
25 | and | ||||||
26 | (4) Employees engaged in the occupation of canning and |
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1 | processing perishable agricultural products, if such | ||||||
2 | employees are employed by an employer in such occupation | ||||||
3 | on a seasonal basis and for not more than 20 weeks during | ||||||
4 | any calendar year or 12 month period; and | ||||||
5 | (5) Employees employed as watchmen or security guards; | ||||||
6 | and | ||||||
7 | (6) Employees who are employed in a bona fide bonafide | ||||||
8 | executive, administrative, or professional capacity or in | ||||||
9 | the capacity of an outside salesman, as defined in Section | ||||||
10 | 12(a)(1) of the federal Fair Labor Standards Act, as | ||||||
11 | amended, and those employed as supervisors as defined in | ||||||
12 | Section 2(11) of the National Labor Relations Act, as | ||||||
13 | amended; and | ||||||
14 | (7) Employees who are employed as crew members of any | ||||||
15 | uninspected towing vessel, as defined by Section 2101(40) | ||||||
16 | of Title 46 of the United States Code, operating in any | ||||||
17 | navigable waters in or along the boundaries of the State | ||||||
18 | of Illinois; and | ||||||
19 | (8) Employees for whom work hours, days of work, and | ||||||
20 | rest periods are established through the collective | ||||||
21 | bargaining process. | ||||||
22 | (Source: P.A. 102-828, eff. 1-1-23; 102-1012, eff. 1-1-23; | ||||||
23 | 103-154, eff. 6-30-23.)
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24 | (820 ILCS 140/3) (from Ch. 48, par. 8c) | ||||||
25 | Sec. 3. (a) Every employer shall permit its employees who |
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1 | are scheduled or expected to work for 7 1/2 continuous hours, | ||||||
2 | except those specified in this Section, at least 20 minutes | ||||||
3 | for a meal period beginning no later than 5 hours after the | ||||||
4 | start of the work period. | ||||||
5 | (b) An employee who works in excess of 7 1/2 continuous | ||||||
6 | hours shall be entitled to an additional 20-minute meal period | ||||||
7 | for every additional 4 1/2 continuous hours the employee is | ||||||
8 | scheduled or expected to be worked. | ||||||
9 | (c) For purposes of this Section, a meal period does not | ||||||
10 | include reasonable time spent using the restroom facilities. | ||||||
11 | (d) Exceptions. | ||||||
12 | (1) This Section does not apply to employees for whom | ||||||
13 | meal periods are established through the collective | ||||||
14 | bargaining process. | ||||||
15 | (2) This Section does not apply to employees who | ||||||
16 | monitor individuals with developmental disabilities or | ||||||
17 | mental illness, or both, and who, in the course of those | ||||||
18 | duties, are required to be on call during an entire 8 hour | ||||||
19 | work period; however, those employees shall be allowed to | ||||||
20 | eat a meal during the 8 hour work period while continuing | ||||||
21 | to monitor those individuals. | ||||||
22 | (3) This Section does not apply to individuals who are | ||||||
23 | employed by a private company and licensed under the | ||||||
24 | Emergency Medical Services (EMS) Systems Act, are required | ||||||
25 | to be on call during an entire 8-hour work period, and are | ||||||
26 | not local government employees; however, those individuals |
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1 | shall be allowed to eat a meal during the 8-hour work | ||||||
2 | period while on call. | ||||||
3 | (Source: P.A. 102-828, eff. 1-1-23 .)
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4 | (820 ILCS 140/4) (from Ch. 48, par. 8d) | ||||||
5 | Sec. 4. Before operating on the first day of the week, | ||||||
6 | which is commonly known as Sunday, every employer shall post | ||||||
7 | in a conspicuous place on the premises, and provide | ||||||
8 | electronically, a schedule containing a list of his employees | ||||||
9 | who are required or allowed to work on Sunday, and designating | ||||||
10 | the day of rest for each. No Anything in this Act to the | ||||||
11 | contrary notwithstanding, no employee shall be required to | ||||||
12 | work on the day of rest so designated for that employee him . | ||||||
13 | (Source: P.A. 80-1294.)
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14 | (820 ILCS 140/5) (from Ch. 48, par. 8e) | ||||||
15 | Sec. 5. Every employer shall keep records a time book | ||||||
16 | showing the names and addresses of all employees and the hours | ||||||
17 | worked by each of them on each day, and such records time book | ||||||
18 | shall be open to inspection at all reasonable hours by the | ||||||
19 | Director of Labor. | ||||||
20 | (Source: P.A. 78-917 .)
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21 | (820 ILCS 140/5.5 new) | ||||||
22 | Sec. 5.5. Retaliation prohibited. Any employer, or agent | ||||||
23 | or officer of an employer has violated this Act if he or she |
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1 | discharges, takes an adverse action against, or in any other | ||||||
2 | manner discriminates against any employee because that | ||||||
3 | employee has: | ||||||
4 | (1) exercised a right under this Act; | ||||||
5 | (2) made a complaint to his or her employer or to the | ||||||
6 | Director or the Director's authorized representative; | ||||||
7 | (3) caused to be instituted or is about to cause to be | ||||||
8 | instituted any proceeding under or related to this Act; or | ||||||
9 | (4) testified or is about to testify in an | ||||||
10 | investigation or proceeding under this Act.
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11 | (820 ILCS 140/7) (from Ch. 48, par. 8g) | ||||||
12 | Sec. 7. Civil offense. | ||||||
13 | (a) Any employer who violates any provision of this Act, | ||||||
14 | except for Section 8.5, Sections 2, 3, or 3.1 shall be guilty | ||||||
15 | of a civil offense, and shall be subject to a civil penalty as | ||||||
16 | follows: | ||||||
17 | (1) For an employer with fewer than 25 employees, a | ||||||
18 | penalty not to exceed $250 per offense, payable to the | ||||||
19 | Department of Labor, and damages of up to $250 per | ||||||
20 | offense, payable to the employee or employees affected. | ||||||
21 | (2) For an employer with 25 or more employees, a | ||||||
22 | penalty not to exceed $500 per offense, payable to the | ||||||
23 | Department of Labor, and damages of up to $500 per | ||||||
24 | offense, payable to the employee or employees affected. | ||||||
25 | (b) An offense under this Act shall be determined on an |
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1 | individual basis for each employee whose rights are violated. | ||||||
2 | (1) Each week that an employee is found to not have | ||||||
3 | been allowed 24 consecutive hours of rest as required in | ||||||
4 | Section 2 shall constitute a separate offense. | ||||||
5 | (2) Each day that an employee is found not to have been | ||||||
6 | provided a meal period as required in Section 3 shall | ||||||
7 | constitute a separate offense. | ||||||
8 | (3) A violation of Section 8.5 shall constitute a | ||||||
9 | single offense, and is subject to a civil penalty not to | ||||||
10 | exceed $250 payable to the Department of Labor. | ||||||
11 | (b-5) In determining the amount of a penalty under this | ||||||
12 | Section, the Department may consider the size of the business | ||||||
13 | and the gravity of the violation. | ||||||
14 | (c) The Director of Labor shall enforce this Act in | ||||||
15 | accordance with the Illinois Administrative Procedure Act or | ||||||
16 | may bring an action in any circuit court represented by the | ||||||
17 | Attorney General . The Director of Labor shall have the powers | ||||||
18 | and the parties shall have the rights provided in the Illinois | ||||||
19 | Administrative Procedure Act for contested cases, including, | ||||||
20 | but not limited to, provisions for depositions, subpoena power | ||||||
21 | and procedures, and discovery and protective order procedures. | ||||||
22 | (d) Any funds collected by the Department of Labor under | ||||||
23 | this Act shall be deposited into the Child Labor and Day and | ||||||
24 | Temporary Labor Services Enforcement Fund. | ||||||
25 | (Source: P.A. 102-828, eff. 1-1-23 .)
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1 | (820 ILCS 140/8) (from Ch. 48, par. 8h) | ||||||
2 | Sec. 8. The Director of Labor may shall grant permits | ||||||
3 | authorizing the employment of persons on days of rest | ||||||
4 | designated pursuant to Section 4 of this Act as follows: . | ||||||
5 | (1) Long term permits. The Department may adopt rules | ||||||
6 | allowing employers who have a need, due to business | ||||||
7 | necessity, economic viability, or other specific | ||||||
8 | circumstances, to regularly allow employees to work 7 | ||||||
9 | consecutive days on a weekly basis, to apply for an | ||||||
10 | initial permit lasting up to 3 months, and up to 12 months | ||||||
11 | for permit renewal. As a condition of a permit lasting | ||||||
12 | longer than 7 consecutive days, the employer must certify | ||||||
13 | that employees who are allowed to work 7 consecutive days | ||||||
14 | will be paid at the overtime rate or be granted equivalent | ||||||
15 | compensatory time for any work performed on a 7th | ||||||
16 | consecutive day. The employer must inform employees that | ||||||
17 | they are entitled to overtime pay or equivalent | ||||||
18 | compensatory time and maintain records documenting each | ||||||
19 | employee's acknowledgement that they were informed of that | ||||||
20 | right. | ||||||
21 | (2) Single instance permits. The Department may adopt | ||||||
22 | rules allowing employers who have a need, due to business | ||||||
23 | necessity, economic viability, or other special | ||||||
24 | circumstances, to allow an employer to allow one or more | ||||||
25 | employees to work on a designated day of rest. Such | ||||||
26 | permits shall not authorize the employment of persons for |
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