Illinois, like other states, has a number of laws intended to protect the health, safety and dignity of its workers. For example, the One Day Rest in Seven Act (ODRISA) requires employers to give their workers at least one 24-hour period off after every seven consecutive calendar days worked. In other words, no one can be required to work more than seven days in a row. The law also addresses meal and rest break requirements and how often they must be provided.
Some types of employment are exempted from the law. This includes those who work in emergency services and agriculture, and those who work no more than 20 hours a week for one employer. People who work in a “bonafide executive, administrative or professional capacity” and those who work under a collective bargaining agreement are also exempt under the law.
Employers who don’t comply with the law can be subject to fines and other penalties. That means, unfortunately, that some employers may threaten or engage in retaliation against employees who speak out to protect their rights under the law and possibly report them to the appropriate state authorities.
The amendment prohibits retaliation by employers
That’s why last year, Governor JB Pritzker signed an amendment to the ODRISA that addresses retaliation. Specifically, the law now states that an employer who “discharges, takes an adverse action against, or in any other manner discriminates against an employee” for exercising their rights, lodging a complaint with their employer or authorities or testifying against their employer in an “investigation or proceeding under this Act.”
Some employees jump at the chance to work extra hours or days – especially if it involves getting overtime pay. However, it’s crucial for all working Illinoisans to know that there are certain legal restrictions on just how much they can be allowed to work without adequate downtime. This can be critical to their own well-being as well as the safety and well-being of those they work with and serve.
Anyone who believes their employer has violated their rights under the ODRISA, including their right not to suffer retaliation, may benefit from discussing their concerns with an experienced legal professional.
