This Ordinance, which is set to take effect on July 1, 2020, requires covered employers to provide advance notice of work schedules to their covered employees, and to pay additional wages if posted schedules are changed within a certain time period. On July 24, 2019, the city of Chicago enacted the Chicago Fair Workweek Ordinance, intended to “enact and enforce fair and equitable employment scheduling practices in the City of Chicago…” Most provisions of the Ordinance go into effect on July 1, 2020. In addition, employers who do not comply with the Ordinance may be fined between $300.00 and $500.00 per day for each covered employee. Workers will receive 50% of their base pay for every hour lost if changes are made less than 24 hours before a shift starts. To learn more or opt-out, read our Cookie Policy. This seems like as good a time as any for a refresher on the Ordinance. These records must be detailed and it is important for employers to review the ordinance carefully to determine what specific records must be kept. This ordinance will affect companies of more than 50 employees nationwide, and workers who make less than $50,000 a year, either salaried or hourly. Chicago’s fair workweek ordinance aims to be the broadest in the country. For example, if an employer needs to change an employee’s schedule with less than ten days’ notice, the employer will have to pay the employee one hour of “predictability pay” at the employer’s regular wage rate (regardless of whether the employee actually lost hours as a result of the change). Chicago Fair Workweek Ordinance. Employers and workers battle over Chicago's proposed predictable scheduling law. Chicago Enacts Fair Workweek Ordinance By Caralyn M. Olie and Steven J. Pearlman on August 5, 2019 Posted in Uncategorized On July 24, 2019, the Chicago City Council passed and Mayor Lightfoot approved a predictive scheduling ordinance known as the Fair Workweek Ordinance (the “Ordinance… Save for certain exceptions, schedule changes after that time will require payment of “Predictability Pay” to the impacted employee. An employer must first offer additional hours to part-time employees before hiring anyone else. By choosing I Accept, you consent to our use of cookies and other tracking technologies. An employee who believes that his or her employer has violated the Ordinance must first go through an administrative investigation with the city. Chicago’s economy is fueled by growth in retail, food service, hospitality, and healthcare. The advance-noticed schedules will allow workers to plan around other jobs and schooling and will give single parents an opportunity to spend more time with their children, Villar said. Print: Email Tweet Like LinkedIn. If an employee chooses to work those hours, he or she will receive time and a quarter for the shift. Fair Workweek Is Good for Business. Further, if the schedule change is made with less than twenty-four hours’ notice, the employer must pay the employee fifty percent of the employee’s base pay for each hour lost. Vandal smashes a dozen car windows near West Rogers Park cemetery, EU greenlights COVID-19 vaccine after agency gives safety OK, Utility worker seriously hurt after falling from pole on SW Side, Potential appointment of special prosecutor in Jackie Wilson matter delayed to January, White Sox manager Tony La Russa pleads guilty to reckless driving, sentenced to day of home detention, Justice Dept. Jul 24, 2019. In addition, although the Ordinance went into effect on July 1, 2020, the city has delayed implementation of the provision granting employees a private right of action against their employers until January 1, 2021. Learn more about our firm, attorneys, approach, and philosophy and how we can serve as a partner in provided sound legal advice on various business law related matters. storage, loading, distribution, and delivery). Employers will have to give new employees a “good faith estimate in writing” on their projected workdays and hours for the first 90 days of employment, including average weekly hours and whether they can expect any on-call shifts. newsletter, was passed unanimously by the Chicago City Council last summer. Business and labor groups came together with Chicago Mayor Lori Lightfoot’s staff and the city council to negotiate, draft, and approve the Chicago Fair Workweek Ordinance. The Fair Workweek Ordinance was passed unanimously by the Chicago City Council last summer and takes effect Wednesday. On July 24, 2019, the Chicago City Council adopted the Chicago Fair Workweek Ordinance to take effect on July 1, 2020. The Chicago Federation of Labor, an association of nearly 300 labor groups, has an ownership stake in Sun-Times Media. Kim Foxx’s vision: Automatically erase more serious convictions for weed dealing, expunge cocaine or heroin arrests. Paramedics responded to the injured man Monday in the Ashburn neighborhood. Under the ordinance, covered employers will be required to provide 10 days’ notice of an employee’s schedule (increasing to 14 days on July 2, 2022). This law took effect July 1, 2020 and imposes significant new obligations on many employers with locations within the Chicago city limits. Chicago employers take note – beginning July 1, 2020, you may be required to post work schedules at least 10 days in advance in order to comply with the Fair Workweek Ordinance. Know about breaking news as it happens. Title: SO2019-3928 - SO2019-3928.pdf Author: Legistar Keywords: ordinance SO2019-3928 Created Date: 9/18/2019 8:47:08 AM An employee may also be able to recover attorneys’ fees and costs. Likewise, the Ordinance exempts employers from paying predictability pay when there is a work schedule change because of war, civil unrest, strikes, threats to public safety, or a pandemic. Featured. Bill is a partner at Franczek P.C. The ordinance applies to those who are making less than $26 an hour or $50,000 a year in the following industries: building services, health care, hotels, manufacturing, restaurants, retail and warehouse services. The Ordinance only applies to “covered employees”. Employers are also required to advise their employees in writing of any changes to their shift within twenty-four hours of the change being made. Apr 9, 2019. The Building Owners & Managers Association of Chicago said in a federal lawsuit filed late last week that the Fair Workweek Ordinance—which mandates employers give … Title 1 of the Municipal Code of Chicago is hereby amended by adding a new Chapter 1-25 as follows: CHAPTER 1-25 CHICAGO FAIR WORKWEEK ORDINANCE 1-25-010 Purpose and Intent. Jul 24, 2019. The notice must include both shift schedules and on-call schedules. For example, the Ordinance provides exemptions for ticketed events and for employees with collective bargaining contracts if the Ordinance’s provisions are explicitly waived in the contract. The law also grants a “right to rest,” allowing employees to decline work hours that are less than 10 hours after the end of their previous shift. The City of Chicago has revised its paid sick leave and minimum wage rules, amended its paid sick leave ordinance, passed a COVID-19 anti-retaliation ordinance and issued final rules on the Fair Workweek Ordinance; each of which have sweeping effects for City of Chicago employers. Workers will receive one hour of additional pay for every change made with less than the 10-day notice, regardless of how many hours they may or may not have lost. By checking this box, the sender acknowledges that this communication does not create an attorney-client relationship with Albee Law PC or any of its attorneys or representatives. However, this pandemic provision does not apply to an employee’s “right to rest”. The nationally acclaimed award recognizes outstanding work from African American fiction writers. Employers must also post notices advising employees of their rights under the Ordinance and place such notices in an employee’s first paycheck. Jul 24, 2019. The Ordinance covers employers primarily engaged in only certain industries, including building services, hotels, healthcare, and retail. Every week, the Chicago Sun-Times analyzes snap counts to see what the Bears are thinking personnel-wise. There have been some significant changes since the legislation was first proposed. Update: On May 12, 2020, the Chicago Department of Business Affairs and Consumer Protection (BACP) published its finalized rules on the Fair Workweek Ordinance.. The Chicago City Council just approved what is likely the most expansive predictive scheduling law in the country. Learn how the Albee Law team strives to build ongoing and successful relationships with business clients to assist a business in its day to day legal needs and challenges. Apr 9, 2019. The ordinance and fines might put many business owners in a precarious position, advocates say, because many still are reeling from the several-month closures caused by the coronavirus pandemic. Employees also have the right to decline any additional hours assigned with less than ten days’ notice. “Too many employees were being abused in the workplace, like making people close for the night, go home to get a couple of hours of sleep and then come back to open up shop,” Villar said. Here is what you should know about Chicago’s new law: The ordinance requires employers to give advanced notice of work schedules and to pay employees additional wages for sudden schedule changes. Enforced by the Office of Labor Standards within the Department of Business Affairs and Consumer Protection, this comprehensive fair workweek ordinance requires covered employers to provide employees with advanced notice of work hours and shifts. John W. Albee is the founder and principal of Albee Law PC. John is very hands-on with the day to day operations of the firm and enjoys working closely with businesses to find effective and efficient solutions to their everyday legal needs. Mar 11, 2019. “People tend to live to work instead of working to live, and this ordinance addresses that,” Villar said. There are a number of other exemptions, some of which are industry specific, so it is important for employers to review the Ordinance carefully. For example, the Ordinance gives employees the “right to rest”, which allows an employee to decline hours that start less than ten hours after his or her last shift. Manny Ramos is a corps member of Report for America, a not-for-profit journalism program that aims to bolster Sun-Times coverage of Chicago’s South Side and West Side. Certain Chicago employees will soon enjoy more control over their work schedules. janitorial services, security, and maintenance), healthcare, hotels, manufacturing, restaurants, retail, and warehouse services (e.g. Employees must be given at least a 10-day notice of their new schedule. Although the substantive requirements of the Ordinance will still go into effect on July 1, 2020 as scheduled and may still be enforced […] It covers employees working in building services, health care, hotels, manufacturing, restaurants, retail … Stay tuned for a detailed summary. Tags: Chicago, Fair Workweek Ordinance, Predictable Scheduling. Providing employees with less than ten days’ notice of schedule changes can be quite costly for employers. An Overview of Recent Changes to the Illinois Human Rights Act Affecting All Illinois Employers, New Required Employer Provided Sexual Harassment Training Program For All Illinois Employees, Overview Of The Families First Coronavirus Response Acts Requirements And Its Impact On Employers, What Employers Must Know About Minimum Wage Increases in Illinois, Why Small and Growing Businesses Need a Business Lawyer, New Law Prohibiting Illinois Employers from Asking Job Applicants for Wage and Salary History, What Employers Should Know About Chicago’s New Fair Workweek Ordinance. For restaurants, employees generally are covered by the Ordinance if the restaurant has thirty or more locations and at least two hundred fifty employees globally. Apr 9, 2019. The Chicago City Council approved the “Chicago Fair Workweek Ordinance” on July 24, 2019. Employers must also give their new hires a written pre-employment “good faith estimate” detailing the employee’s anticipated workdays and hours. The Ordinance protects employees from last minute shift changes and gives low wage earners some predictability in their schedules and, as a result, some degree of financial stability. Business owners and associations this morning asked the city of Chicago to compromise on the proposed fair-workweek law, looking to preserve options for flexible scheduling. We follow the stories and update you as they develop. By: Sara E. Fowler and Kevin M. Young Seyfarth Synopsis: Chicago’s Fair Workweek Ordinance goes into effect on July 1. Read on for your all-in-one guide to the Chicago Fair Workweek regulations. Employers must also have a certain number of employees for the Ordinance to apply. The proposed ordinance would require certain Chicago employers to give workers advance notice of work schedules and pay for last minute changes. This seems like as good a time as any for a refresher on the Ordinance. Businesses will be fined $300 to $500 for each offense. The Fair Workweek Ordinance requires certain employers to provide workers with predictable work schedules and compensation for changes. A FAIR WORKWEEK IN CHICAGO. It is important for employers to review the Ordinance carefully and to understand how it impacts their business. A prospective employee may submit a request for modification to which the employer must respond within three days. Mark Flessner, who served as corporation counsel for the city, sent an email to the law department Sunday announcing his resignation. In an interview with the Sun-Times, Foxx said for people in some areas of the city, drug dealing "was the only economy that they had." Further, the sender acknowledges that Albee Law PC and its attorneys shall only provide legal services to persons or entities that are clients of Albee Law PC and subject to all parties executing a written engagement agreement. Further, even if an employee agrees to work these hours, the employer must pay the employee time and a quarter for the shift. The ordinance also will help workers in those businesses that employ 100 or more people, not-for-profits with at least 250 employees, restaurants with at least 30 locations and 250 employees and franchises with more than three locations. “The IRA continues to encourage local officials to consider all forms of regulatory and financial relief to support this critical sector of our economy.”. For more information, please contact Albee Law PC at (312) 279-0115 or by email at info@albeelaw.com. As noted above, the Ordinance exempts employers if scheduling changes are due to a pandemic and the pandemic causes an employer to materially alter its operating hours, operating plan, or goods or services provided by the employer, thereby resulting in the schedule change. “The restaurant industry has been devastated by COVID-19, and the unprecedented nature of the pandemic poses greater unpredictability when it comes to staffing,” said Sam Toia, president and CEO of Illinois Restaurant Association. Chicago is entering the growing collection of jurisdictions enacting predictive scheduling requirements with the recent passage of the Fair Workweek Ordinance … Workers in several industries in Chicago will have new rights that protect them from sudden changes to their work schedule. The pending measure has no direct payments for the city of Chicago, the state of Illinois and other cash-starved local governments. Their records should be expunged automatically, she said. This article is intended to provide only a brief overview of some of the Ordinance’s provisions. To cheers and bows, City Council unanimously OKs predictable scheduling ordinance. It also published a supplemental COVID-related rule addressing how the pandemic exception to the obligation to pay predictability pay would be interpreted. This one covers their 33-27 win over the Vikings. Chicago City Council Delays Private Right of Action in Fair Workweek Ordinance May 21, 2020 With the July 1 deadline looming and most businesses still closed or operating at a reduced capacity, the Chicago City Council has amended the Fair Workweek (FWW) Ordinance to delay the filing of private employee lawsuits until January 1, 2021. We granted conditional market authorization.". Employers Covered by the Ordinance Chicago, IL 60602 www.chicityclerk.com Committee on Workforce Development SUBSTITUTE ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. These are the new minimum wages taking effect for the State of Illinois, Cook County and City of Chicago: The rule provides that a work schedule change will be … City Council approved an amendment to the Chicago Fair Workweek Ordinance to temporarily protect employers from lawsuits. Chicago passed the Chicago Fair Workweek Ordinance in July 2019. The Ordinance goes into effect on July 1, 2020. Highlights of new COVID relief deal: Congress to vote on $300 jobless benefit, $600 direct payment and more PPP. By Bob Greene, Senior HR Industry Analyst. We use cookies and other tracking technologies to improve your browsing experience on our site, show personalized content and targeted ads, analyze site traffic, and understand where our audiences come from. Direct payment and more PPP with predictable work schedules employee’s “right to rest” within... Fatally, in Chicago this weekend be quite costly for employers have adopted similar plans right decline... 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