Illinois Amends One Day Rest in Seven Act to Prohibit Retaliation

On March 21, Governor JB Pritzker signed SB 3180 into law prohibiting retaliation under the Act. The amendment adds a provision barring employers and their agents from taking adverse action against employees for (1) exercising their rights under the Act, (2) making a complaint to the employer or the Illinois Department of Labor (IDOL), or (3) initiating an investigation or proceeding, or testifying at an investigation or proceeding, related to the Act.

There is no private right of action for violations of the Act. Instead, employees can file a complaint with the IDOL for violations and the IDOL can pursue an action. Violation of the anti-retaliation provision can result in recovery to the employee of “all legal and equitable relief as may be appropriate,” plus penalties and fees provided to the Child Labor and Day and Temporary Labor Services Enforcement Fund. The amount of penalties and fees for violation of the anti-retaliation provision is unstated. For employers with 25 or more employees, each violation of the underlying meal break and day of rest obligations carries the potential for damages paid to the employee of up to $500 and penalties paid to the IDOL of up to $500. For employers with fewer than 25 employees, the maximum penalties and damages per violation is $250 each.

If your organization has questions about this development, please contact your relationship attorney at AFS or one of the authors of this alert.