Kehoe Law Firm, P.C. is informing employees in Illinois of their strengthened protections under the recently amended the One Day Rest In Seven Act (“ODRISA”). Effective through the addition of Section 5.5, the amendment makes it unlawful for employers to retaliate against workers for exercising their rights under the Act.

The new anti-retaliation provision, codified at 820 ILCS 140/5.5 and effective as of March 21, 2025, expands employee protections and ensures accountability for employers who attempt to punish workers for asserting their rights.

What Protections Does ODRISA Provide to Employees? 

ODRISA requires employers to provide employees in Illinois a minimum of 24 hours of rest within every consecutive 7-day period.

Under ODRISA, employees must also be given a meal period of at least 20 minutes for every 7.5-hour shift beginning no later than 5 hours after the start of the shift, with an additional 20-minute meal period if working a 12-hour shift or longer. Reasonable restroom breaks must also be provided.

NOTE: The day off and meal breaks do not apply to employees whose meal periods and days off are governed by collective bargaining agreements. If a collective bargaining agreement does not specify meal breaks or a day off, the provisions of ODRISA apply.

Key Protections Under New Section 5.5

Under the amended law, employers, their agents or officers are prohibited from taking adverse action or discriminating against any employee who:

• Exercises a right under the Act.

• Files a complaint with their employer or the Illinois Department of Labor (“IDOL”).

• Initiates or intends to initiate any proceeding related to the Act.

• Provides testimony or plans to testify in an investigation or proceeding under the Act.

What This Means for Illinois Workers

This amendment gives Illinois employees greater confidence to report violations of their rest or meal break rights without fear of losing their jobs or suffering other retaliatory actions.

Enforcement and Penalties

Employees who believe they have been unlawfully retaliated against in violation of Section 5.5 are entitled to recover “all legal and equitable relief as may be appropriate” by filing a complaint with the IDOL.

Conclusion

The amendment to Illinois’ ODRISA is a critical step toward protecting workers and promoting healthy, lawful work environments. Employees now have clearer legal backing when standing up for their rights to rest and meal periods — and employers now have a much stronger incentive to follow the law.

Concerned About Your Rights as an Employee?

If you have general questions about your workplace rights or believe those rights may have been violated, it’s important to seek legal guidance as soon as possible.

To discuss your situation, please send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation evaluation of potential legal claims.

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm dedicated to protecting investors and consumers from fraud and misconduct. Our attorneys have served as Lead or Co-Lead Counsel in major securities cases, recovering over $10 billion for institutional and individual investors.

Our firm litigates securities fraud, fiduciary breaches, unfair mergers and acquisitions, and antitrust violations, while also representing whistleblowers and advocating for victims of data breaches, consumer fraud, vehicle and product defects, employment law violations, retirement plan mismanagement, and other corporate and business misconduct. With a results-driven approach, we pursue justice and substantial recoveries for those we represent.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses. 

PHONE

Tel: 215-792-6676

EMAIL

[email protected]

Are salaried employees exempt from overtime pay? //

If you’re a salaried employee, you might assume you don’t qualify for overtime pay—but that’s not always true.

While the federal Fair Labor Standards Act (FLSA) sets the baseline for overtime exemption, some states have stricter rules, with higher salary thresholds that impact whether you should be earning overtime pay.

Federal Overtime Exemption Requirements

Under the FLSA, executive, administrative, and professional employees must be paid a minimum salary of $684 per week ($35,568 annually) and meet certain requirements of the FLSA’s job duties test to be exempt from minimum wage and overtime requirements.

Under the FLSA, there are minimum wage and overtime exemptions for certain professional employees, as well as for highly-compensated employees earning at least $107,432 per year and individuals in computer-related occupations.

Six States Have Higher Minimum Salary Thresholds for Overtime Exemption

If you live in certain states, the salary threshold for overtime exemption is higher than the federal salary threshold of $684/week or $35,568 per year—meaning you could be entitled to overtime pay even if your employer says otherwise.

If you meet certain job duties tests and earn less than the minimum salary threshold amounts in the following states, you may be entitled to overtime for hours worked beyond 40 per week:*

*In certain states, computer professionals have different overtime exemption levels.

What Can Salaried Employees Do if They Have Been Wrongfully Denied Overtime?

If your employer has not paid you overtime and you earn less than the federal or your state’s salary threshold for overtime exemption, you may have a right to unpaid wages. Employers cannot use the federal salary level as an excuse if state law requires a higher threshold.

If you have not received the wages or overtime pay you are entitled to, acting quickly is essential. Federal and state law wage and overtime claims are subject to strict deadlines, known as statutes of limitations. Missing these deadlines could mean losing your right to recover unpaid earnings.

Under the FLSA, for example, most claims for unpaid wages—including minimum wage and overtime violations—must be filed within two years of the violation. If the employer’s violation was willful, the deadline could extend to three years. The longer you wait, the more of your unpaid wages may become unrecoverable. Understanding your rights and legal time limits ensures you do not miss the chance to claim what you are owed.

If you believe you have a claim for unpaid wages, consider seeking legal guidance as soon as possible. To discuss your rights, send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation evaluation of potential legal claims.

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm dedicated to protecting investors and consumers from fraud and misconduct. Our attorneys have served as Lead or Co-Lead Counsel in major securities cases, recovering over $10 billion for institutional and individual investors.

Our firm litigates securities fraud, fiduciary breaches, unfair mergers and acquisitions, and antitrust violations, while also representing whistleblowers and advocating for victims of data breaches, consumer fraud, vehicle and product defects, employment law violations, retirement plan mismanagement, and other corporate and business misconduct. With a results-driven approach, we pursue justice and substantial recoveries for those we represent.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses. 

PHONE

Tel: 215-792-6676

EMAIL

[email protected]

New Jersey Supreme Court Unanimously Decides Commissions are Wages //

Kehoe Law Firm, P.C. is informing New Jersey employees that on March 17, 2025, the New Jersey Supreme Court (the “Court”) unanimously held that “commissions” are “wages” under New Jersey’s Wage Payment Law, N.J.S.A. 34:11-4.1-4.15 (“WPL”).

The WPL, according to the Court, “defines ‘wages’ as ‘direct monetary compensation for labor or services rendered by an employee, where the amount is determined on a time, task, piece, or commission basis.’ N.J.S.A. 34:11-4.1(c) (emphasis added).”

As such, according to the Court, “compensating an employee by paying a ‘commission’ for ‘labor or services’ always constitutes a wage under the WPL. Therefore . . . a ‘commission’ under the WPL cannot be excluded from the definition of ‘wages’ as a ‘supplementary incentive.’“

Key Facts Leading to the Court’s Decision that Commissions are Wages under NJ’s WPL

The plaintiff, Rosalyn Musker (“Musker”), worked in sales for defendant Suuchi, Inc. (“Suuchi”), a company that sells software subscriptions to apparel manufacturers. Besides her base salary, Musker was eligible for commissions under Suuchi’s Sales Commission Plan (“SCP”).

In March 2020, Suuchi decided to sell Personal Protective Equipment (“PPE”) on a commission basis, as documented in emails to the company’s sales team. Musker generated approximately $34,448,900 in gross revenue by selling PPE.

The legal dispute concerned whether the 4% commission Musker was entitled to for the PPE sales was of gross or net revenue, and both sides disagreed about whether Musker’s PPE commissions were “wages” or were excluded from the WPL as “supplementary incentives” under N.J.S.A. 34:11-4.1(c).

Musker filed a complaint which alleged that Suuchi violated the WPL by withholding her “wages.”

The trial judge dismissed the WPL claims, holding that Musker’s PPE commissions were not “wages” under the WPL; the Appellate Division affirmed; and the Court granted leave to appeal.

Key Points of The Court’s Opinion Finding Commissions are Wages 

According to the Court’s opinion syllabus:

• PPE sales required Musker to render “labor or services” as an employee of Suuchi;
• There is no dispute that Musker’s compensation for PPE sales was determined on a commission basis;
• PPE commissions earned by Musker solely because she performed “labor or services” were “wages” under N.J.S.A. 34:11-4.1(c);
• Merely because a product is new and potentially sold only temporarily does not mean that sales of that product in some way fall outside the regular “labor or services” an employee provides;
• Selling PPE became part of Musker’s job, and her compensation for performing that task remained a “wage” within the meaning of the WPL;
• Whether PPE compensation is governed by the SCP or the March 2020 emails regarding the sales of PPE, and whether the PPE commissions are based on gross or net revenue, is not relevant to the determination that the commissions are wages; and
• Receiving a base salary does not turn “commissions” into “supplementary incentives” under the WPL.

Source: Rosalyn Musker v. Suuchi, Inc. (A-8-24) (089665) 

New Jersey Employees Who Believe Their Employer Has Withheld or Refused to Pay Commissions

As the New Jersey Supreme Court unanimously decided, under New Jersey’s WPL, commissions are wages.

If you believe you are a victim of unpaid commissions, you may have legal claims and are encouraged to send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation legal evaluation.

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm dedicated to protecting investors and consumers from fraud and misconduct. Our attorneys have served as Lead or Co-Lead Counsel in major securities cases, recovering over $10 billion for institutional and individual investors.

Our firm litigates securities fraud, fiduciary breaches, unfair mergers and acquisitions, and antitrust violations, while also representing whistleblowers and advocating for victims of data breaches, consumer fraud, vehicle and product defects, employment law violations, retirement plan mismanagement, and other corporate and business misconduct. With a results-driven approach, we pursue justice and substantial recoveries for those we represent.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses. 

PHONE

Tel: 215-792-6676

EMAIL

[email protected]