Bill Text: IL SB3416 | 2021-2022 | 102nd General Assembly | Enrolled

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Bill Title: Amends the One Day Rest In Seven Act. Provides that specified provisions of the Act do not apply to employees for whom work hours, days of work, and rest periods are established through the collective bargaining process.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-1012 [SB3416 Detail]

Download: Illinois-2021-SB3416-Enrolled.html



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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The One Day Rest In Seven Act is amended by
5changing Section 2 as follows:
6 (820 ILCS 140/2) (from Ch. 48, par. 8b)
7 Sec. 2. Hours and days of rest in every calendar week.
8 (a) Every employer shall allow every employee except those
9specified in this Section at least twenty-four consecutive
10hours of rest in every calendar week in addition to the regular
11period of rest allowed at the close of each working day.
12 A person employed as a domestic worker, as defined in
13Section 10 of the Domestic Workers' Bill of Rights Act, shall
14be allowed at least 24 consecutive hours of rest in every
15calendar week. This subsection (a) does not prohibit a
16domestic worker from voluntarily agreeing to work on such day
17of rest required by this subsection (a) if the worker is
18compensated at the overtime rate for all hours worked on such
19day of rest. The day of rest authorized under this subsection
20(a) should, whenever possible, coincide with the traditional
21day reserved by the domestic worker for religious worship.
22 (b) Subsection (a) does not apply to the following:
23 (1) Part-time employees whose total work hours for one

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1 employer during a calendar week do not exceed 20; and
2 (2) Employees needed in case of breakdown of machinery
3 or equipment or other emergency requiring the immediate
4 services of experienced and competent labor to prevent
5 injury to person, damage to property, or suspension of
6 necessary operation; and
7 (3) Employees employed in agriculture or coal mining;
8 and
9 (4) Employees engaged in the occupation of canning and
10 processing perishable agricultural products, if such
11 employees are employed by an employer in such occupation
12 on a seasonal basis and for not more than 20 weeks during
13 any calendar year or 12 month period; and
14 (5) Employees employed as watchmen or security guards;
15 and
16 (6) Employees who are employed in a bonafide
17 executive, administrative, or professional capacity or in
18 the capacity of an outside salesman, as defined in Section
19 12 (a) (1) of the federal Fair Labor Standards Act, as
20 amended, and those employed as supervisors as defined in
21 Section 2 (11) of the National Labor Relations Act, as
22 amended; and
23 (7) Employees who are employed as crew members of any
24 uninspected towing vessel, as defined by Section 2101(40)
25 of Title 46 of the United States Code, operating in any
26 navigable waters in or along the boundaries of the State

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1 of Illinois; and .
2 (8) Employees for whom work hours, days of work, and
3 rest periods are established through the collective
4 bargaining process.
5(Source: P.A. 99-758, eff. 1-1-17.)
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