Illinois Amends One Day Rest in Seven Act to Prohibit Retaliation

Last month Governor JB Pritzker signed SB 3180 into law prohibiting retaliation under the One Day Rest in Seven Act. The Act requires every employer, with certain exceptions, to provide employees with at least 24 consecutive hours of rest in every calendar week. The amendments provide that an employer is in violation of the Act if the employer discharges, takes adverse action against, or in any other matter discriminates against an employee because the employee has:

• Exercised a right guaranteed under the Act;
• Complained to the employer;
• Filed or plans to file a proceeding under or related to the Act; or
• Testified or is about to testify in an investigation or proceeding under the Act.

An employee who has been unlawfully retaliated against is entitled to recover all appropriate legal and equitable relief through a claim filed with the state department of labor. There is no private right of action for violations of the Act. The state labor department may assess penalties and fees and may also bring a civil action or administrative proceeding against an employer for violations of the Act.

The amendments are codified at chapter 820, sections 140/5.5 and 140/7 of the Illinois Compiled Statutes. 

Additional Takeaways for Illinois Employers

The requirement to provide one day’s rest in seven applies on a rolling basis such that covered employees cannot be required to work any seven consecutive days. This obligation can be an issue for employers with employees who are on standby, for employers with rotating shifts, and for other employment relationships, whether burdensome or not, which require continuous work by an employee. The exemptions from coverage are few. Overtime-exempt, white-collar employees are not covered by the Act.

Illinois employers should review and revise policies and procedures on scheduling of employees’ hours of work, and provide training to supervisors, Human Resources personnel, and any employees responsible for scheduling on the amended law’s requirements. 

Employers with questions regarding this development should contact employment counsel.