It’s the “One Day of Rest in Seven Act” and it has an amendment which takes effect January 1, 2017.
Under the act, the “Employer” covers a person, partnership, joint stock company or corporation, which employs any person to work, labor or exercise skill in connection with the operation of any business, industry, vocation or occupation.
The act requires employers to allow every employee (with certain exceptions) at least twenty-four consecutive hours of rest in every calendar week, from Sunday to Saturday, in addition to the regular period of rest allowed at the close of each working day.
The new amendment effective January 1, relates to domestic workers, but does not prohibit a domestic worker from voluntarily agreeing to work on such day of rest if the worker is compensated at the overtime rate for all hours worked on such day of rest. The day of rest should, whenever possible, coincide with the traditional day reserved by the domestic worker for religious worship.
The new amendment also adds the following exceptions:
(1) Part-time employees who work less than 20 hours per week for one employer; and
(2) Employees needed in case of equipment breakdown emergencies; and
(3) Employees employed in agriculture or coal mining; and
(4) Employees engaged in canning perishable agricultural products, if they are seasonal; and
(5) Employees employed as watchmen or security guards; and
(6) Employees who work in an executive, administrative, or professional capacity or outside sales, as defined in Section 12 (a) (1) of the federal Fair Labor Standards Act, as amended, and those employed as supervisors as defined in Section 2 (11) of the National Labor Relations Act, as amended; and finally,
(7) Employees who are employed as crew members of any uninspected towing vessel, as defined by Section 2101(40) of Title 46 of the United States Code, operating in any navigable waters in or along the boundaries of the State of Illinois.
Employees who do not fall into the exceptions are required to have one complete 24 hour period off between Saturday and Sunday of each week. Union contract with different requirements will supersede the statute. The law can be found at 820 ILCS 140.
Should you have any questions about ODRISA or any other laws that may affect your business, or would like to schedule a free initial consultation, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800 or contact us online.
Waltz, Palmer & Dawson, LLC is a full-service law firm with various areas of service to assist your business, including: Employment Law, Intellectual Property, Commercial Real Estate, Business Immigration, Litigation and general Business Law services. Individual services include Estate Planning, Wills and Trusts, Probate, Guardianship, Divorce and Family Law.
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