Illinois Amends ‘One Day Rest In Seven Act’ to Prohibit Employer Retaliation
Takeaways
- The state’s “One Day Rest In Seven Act” now includes anti-retaliation provisions and an enforcement mechanism.
- Employers should review their policies and practices and ensure they are compliant with the new law.
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Recent amendments to the Illinois One Day Rest In Seven Act (ODRISA) prohibit employers from retaliating against employees and create an enforcement mechanism. The amendments went into effect March 21, 2025.
ODRISA requires employers to provide employees with at least 24 hours of rest in every “consecutive seven-day period.” It also requires meal periods of at least 20 minutes every 7.5 hours worked (and an additional 20-minute meal period for employees who work shifts of 12 hours or longer). Employers must also provide employees with reasonable restroom breaks.
Under the recent amendments, retaliation is prohibited against employees who have:
- Exercised their rights under ODRISA;
- Made ODRISA complaints to their employer or the Illinois Department of Labor (IDOL);
- Instituted or are about to institute a proceeding under ODRISA; or
- Testified or are about to testify in any investigation or proceeding under the Act.
820 ILCS 140/5.5.
An employee who believes their employer has violated ODRISA’s anti-retaliation provisions may file a claim with the IDOL and recover “all legal and equitable relief as may be appropriate.” 820 ILCS 140/7(b)(4).
The amendments also create an enforcement mechanism. The IDOL (represented by the Illinois attorney general) could assess penalties and fees and, ultimately, seek to enforce such penalties and fees by bringing a civil action “in any circuit court or in any administrative adjudicative proceeding under [the] Act.” 820 ILCS 140/7(d).
Employers should review their policies and practices and ensure they are compliant with the new ODRISA provisions. Jackson Lewis attorneys are available to answer questions about the potential impact of the amendments on your business.
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