New Requirements Now in Effect for the “One Day Rest in Seven Act”
If you employ staff in your practice, be sure you are following the new requirements related to rest days and meal breaks as specified in the One Day Rest in Seven Act (ODRISA).
New amendments to the law took effect Jan. 1, 2023, which require:
- Employees to have a minimum of 24 hours rest within every consecutive seven-day period.
- Employees to be given a meal period of at least 20 minutes for each 7.5-hour shift beginning no later than five hours after the start of the shift, with an additional 20-minute meal period if working a 12-hour shift or longer.
The law does not apply to part-time employees who work less than 20 hours per calendar week, nor employees who work in an executive, administrative or professional capacity. Practices are strongly encouraged to speak with their attorney regarding the applicability of this law.
There are also new penalties by employer size:
- Fewer than 25 employees: Up to $250 per offense and a penalty of up to $250 per employee per offense.
- More than 25 employees: Up to $500 per offense and a penalty of up to $500 per worker per offense.
Each day that a meal break is not provided to an employee and each 24 hours off within 7 consecutive days that is not provided to an employee will constitute as separate offenses per employee.
These changes may require adjustments to current staffing patterns, although employers may request waivers under certain circumstances if employees voluntarily agree to work additional time.
To learn more, visit the Illinois Department of Labor’s One Day Rest In Seven Act (ODRISA) web page.
If you have questions, please contact your practice attorney or the ISMS Health Policy Research and Advocacy team by email.