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| Public Act 094-0593 |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The One Day Rest In Seven Act is amended by | ||||
adding Section 3.1 as follows: | ||||
(820 ILCS 140/3.1 new) | ||||
Sec. 3.1. Hotel room attendants. | ||||
(a) As used in this Section, "hotel room attendant" means a | ||||
person who cleans or puts in order guest rooms in a hotel or | ||||
other establishment licensed for transient occupancy. | ||||
(b) This Section applies only to hotels and
other | ||||
establishments licensed for transient occupancy that are | ||||
located in a county with a population greater than 3,000,000.
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(c) Notwithstanding any other provision of law, every hotel | ||||
room attendant shall receive a minimum of 2 15-minute paid rest | ||||
breaks and one 30-minute meal period in each workday on which | ||||
the hotel room attendant works at least 7 hours. An employer | ||||
may not require any hotel room attendant to work during a break | ||||
period. | ||||
(d) Every employer of hotel room attendants shall make | ||||
available at all times a room on the employer's premises with | ||||
adequate seating and tables for the purpose of allowing hotel | ||||
room attendants to enjoy break periods in a clean and | ||||
comfortable environment. The room shall have clean drinking | ||||
water provided without charge. | ||||
(e) Each employer of hotel room attendants shall keep a | ||||
complete and accurate record of the break periods of its hotel | ||||
room attendants. | ||||
(f) An employer who violates this Section shall pay to the | ||||
hotel room attendant 3 times the hotel room attendant's regular | ||||
hourly rate of pay for each workday during which the required | ||||
breaks were not provided. | ||||
(g) It is unlawful for any employer or an employer's agent | ||
or representative to take any action against any person in | ||
retaliation for the exercise of rights under this Section. In | ||
any civil proceeding brought under this subsection (f), if the | ||
plaintiff establishes that he or she was employed by the | ||
defendant, exercised rights under this Section, or alleged in | ||
good faith that the defendant was not complying with this | ||
Section, and was thereafter terminated, demoted, or otherwise | ||
penalized by the defendant, then a rebuttable presumption shall | ||
arise that the defendant's action was taken in retaliation for | ||
the exercise of rights established by this Section. To rebut | ||
the presumption, the defendant must prove that the sole reason | ||
for the termination, demotion, or penalty was a legitimate | ||
business reason. | ||
(h) In addition to the remedies provided in Sections 6 and | ||
7, a person claiming violation of this Section shall be | ||
entitled to all remedies available under law or in equity, | ||
including but not limited to damages, back pay, reinstatement, | ||
or injunctive relief. Any person terminated in violation of | ||
this Section shall recover treble his or her lost normal daily | ||
compensation and fringe benefits, together with interest | ||
thereon, and any consequential damages suffered by the | ||
employee. The court shall award reasonable attorney's fees and | ||
costs to a prevailing plaintiff in an enforcement action under | ||
this Section. | ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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