Thomas C. Garretson, Robbins Schwartz, Chicago
312-332-7760 | Email Thomas C. Garretson
One Day Rest in Seven Act Amended To Prohibit Retaliation by Employers
Effective March 21, 2025, the Illinois One Day Rest in Seven Act (ODRISA), 820 ILCS 140/0.01, et seq., was amended to prohibit retaliatory acts against employees by their employers. ODRISA requires employers to allow every employee at least 24 consecutive hours of rest in every consecutive seven-day period, in addition to the regular period of rest allowed at the end of each working day. 820 ILCS 140/2(a). Certain employees are exempt from these restrictions, including those employed in a bona fide executive, administrative, or professional capacity (i.e., those positions deemed exempt under the Fair Labor Standards Act of 1938, ch. 676, 52 Stat. 1060). 820 ILCS 140/2(b).
ODRISA also requires employers to provide employees that work 7.5 continuous hours with at least a 20-minute meal break beginning not later than five hours after the start of their work period. 820 ILCS 140/3. An additional 20-minute meal period also must be given for every additional 4.5 continuous hours worked. Id.
820 ILCS 140/5.5 was added to ODRISA to prohibit employers, or agents/officers of employers, to discharge, to take an adverse action against, or to discriminate in any manner against an employee because the employee
- exercised a right provided under ODRISA;
2. made a complaint to an employer or to the Director of the Illinois Department of Labor (or to the Director’s representative);
3. caused to be instituted or is about to cause to be instituted any proceeding under or related to ODRISA; or
4. testified or is about to testify in an investigation or proceeding under ODRISA. 820 ILCS 140/5.5.
Employees found to have been unlawfully retaliated against in violation of ODRISA are “entitled to recover, through a claim filed with the [Illinois Department of Labor], all legal and equitable relief as may be appropriate.” 820 ILCS 140/7(b)(4).
Illinois employers should take note that ODRISA now expressly prohibits retaliation against employees for engaging in various protected activities. Employers may look to use this amendment as an opportunity to review existing personnel policies and procedures to ensure compliance with all applicable ODRISA provisions.
For more information about employment and labor law, see LABOR LAW: UNFAIR LABOR PRACTICES (IICLE®, 2025). Online Library subscribers can view it for free by clicking here. If you don’t currently subscribe to the Online Library, visit www.iicle.com/subscriptions.