On May 13, 2022, Illinois adopted Senate Bill (SB) 3146 to amend meal break provisions of and create notification requirements under the Illinois One Day Rest In Seven Act (ODRISA). The amendments will become effective on Jan. 1, 2023.
Illinois Meal & Rest Breaks
Private employers in Illinois are generally required to comply with the following.
Under the Illinois One Day Rest In Seven Act (ODRISA), every employer that requires employees to work for 7.5 hours must be given at least 20 minutes for a meal period, beginning no later than five hours after the start of the work period. On May 13, 2022, Illinois adopted Senate Bill (SB) 3146 to amend meal break provisions of and create notification requirements under ODRISA. The amendments will become effective on Jan. 1, 2023.
- The new law requires employers to provide their employees with additional 20-minute meal periods for every additional 4.5 continuous hours of work. The new law also clarifies that meal periods do not include reasonable time spent using restroom facilities.
- The new law clarifies that meal break requirement violations are subject to civil penalties. The severity of the penalty depends on employer size (measured by the number of employees) and the number of days and weeks of noncompliance.
- SB 3146 also requires employers subject to ODRISA to post and maintain a poster that summarizes ODRISA requirements and information on how employees can submit a complaint. The poster must be displayed in an area where other required workplace posters are displayed. SB 3146 charges the Illinois Department of Labor to create this poster. SB 3146 specifically indicates employers may provide this poster to remote or traveling employees via email or a website that employers regularly use to communicate work-related information.
Employers with 5 or more employees must provide reasonable paid break time to employees who needs to express breast milk for up to one year after childbirth. This break time may run concurrently with any break time already provided to employees.
Day of Rest Requirement
Employers are generally required to allow nonexempt employees at least 24 consecutive hours of rest in every calendar week. Before operating on Sunday, employers must post a schedule in a conspicuous place listing which employees are required or allowed to work on Sunday and their designated day of rest.
Additional requirements and exceptions to the information above may apply. For more information, please contact the Illinois Department of Labor.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.