New Laws In 2023 Illinois Employers Might Hope You Don’t Know

Before we know it, 2023 will be here, and with a new year comes new laws. By now most Illinoisans have caught wind of a frightening new law that will be implemented on January 1, 2023. As divided as we might be, most residents are pissed and concerned about Illinois' Safe-T Act. Don't worry, there are other new laws taking effect that won't make you lose sleep at night, these actually may be of benefit to you.

Are you familiar with the state's ODRISA law? It stands for "One Day Rest In Seven Act." The original language states employers must provide employees with a day of rest in each workweek and meal or rest breaks during daily work shifts.

ODRISA requires that employers provide covered employees with “at least twenty-four consecutive hours of rest in every calendar week.

What About ODRISA Has Changed?

Beginning January 1, 2023, employers must follow the newly amended by transitioning from a "calendar week" to a seven-day consecutive period. This means the new law will require at least 24 consecutive hours of rest in every consecutive seven-day period. There will also be changes to meal and rest breaks too.

On January 1, 2023, anyone working 7½ continuous hours must get “at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period.” Also, those employees are entitled to an additional 20-minute meal period for every additional 4½ continuous hours worked.” If an employee works a 12-hour shift they will get two unpaid meal breaks.

Although the amended ODRISA references 20-minute meal periods, if an employer provides unpaid meal breaks, then under the FLSA, the meal period must be at least 30 minutes long and the employee must be relieved of all work duties during this time.

There Will Be Updates To The Family Bereavement Leave Act Too

Beginning January 1, 2023, Illinois employers must provide up to 10 workdays of unpaid leave to employees who miss work due to any of the events listed below.

A miscarriage

An unsuccessful round of intrauterine insemination or an assisted reproductive technology procedure

A failed adoption match or adoption that is not finalized because it is contested by another party

A failed surrogacy agreement

A diagnosis that negatively impacts pregnancy or fertility

A stillbirth

Employers MUST Make These New Amendments Known To Employees

If an employer fails to make these amendments easily known to employers they face fines and other penalties. You can read more about these amendments here.

[h/t Morgan Lewis]