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 notice must include both shift schedules and on-call schedules. 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. 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. 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. “People tend to live to work instead of working to live, and this ordinance addresses that,” Villar said. 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. 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. 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 law took effect July 1, 2020 and imposes significant new obligations on many employers with locations within the Chicago city limits. 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. If an employee chooses to work those hours, he or she will receive time and a quarter for the shift. The Ordinance will require employers covered by the Ordinance 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. Chicago is entering the growing collection of jurisdictions enacting predictive scheduling requirements with the recent passage of the Fair Workweek Ordinance … Title: SO2019-3928 - SO2019-3928.pdf Author: Legistar Keywords: ordinance SO2019-3928 Created Date: 9/18/2019 8:47:08 AM Other cities, including New York, Seattle and Philadelphia, have adopted similar plans. The Ordinance covers employers primarily engaged in only certain industries, including building services, hotels, healthcare, and retail. 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 Chicago City Council just approved what is likely the most expansive predictive scheduling law in the country. The rule provides that a work schedule change will be … This seems like as good a time as any for a refresher on the Ordinance. To cheers and bows, City Council unanimously OKs predictable scheduling ordinance. Illinois and Chicago employers navigating reopening during a pandemic now have something else to deal with: new laws taking effect on July 1, 2020. Six people were wounded in a single shooting early Saturday at a party on the South Side. For more information, please contact Albee Law PC at (312) 279-0115 or by email at info@albeelaw.com. charges bomb maker in 1988 Pan Am explosion, Community health centers must decide who to vaccinate first (LIVE UPDATES), Snap judgment: Bears finally solving puzzles with personnel on offense, defense, Chicago’s Gabriel Bump named 2020 winner of the Ernest Gaines Award. An employee may also be able to recover attorneys’ fees and costs. There are some situations where the Ordinance does not apply. Yet too many people working in these hourly service jobs can’t keep up with unpredictable, last-minute, fluctuating workweeks over which they have no control. Sign up for the It also published a supplemental COVID-related rule addressing how the pandemic exception to the obligation to pay predictability pay would be interpreted. The proposed ordinance would require certain Chicago employers to give workers advance notice of work schedules and pay for last minute changes. The employee must also work in one of the following industries: building services (e.g. The Chicago Federation of Labor, an association of nearly 300 labor groups, has an ownership stake in Sun-Times Media. 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. 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. 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. storage, loading, distribution, and delivery). 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. 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. 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. Don Villar, secretary-treasurer at the Chicago Federation of Labor, said the ordinance — along with the increasing minimum wage — will improve the lives of workers. The Chicago Fair Workweek Ordinance, which seeks to bring predictability to employee scheduling, is effective as of July 1, 2020. On July 24, 2019, the Chicago City Council adopted the Chicago Fair Workweek Ordinance (Ordinance), the most far-reaching predictive scheduling law in the U.S., covering industries beyond the fast food and retail sectors. 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. Mar 11, 2019. It covers employees working in building services, health care, hotels, manufacturing, restaurants, retail … Apr 9, 2019. Apr 9, 2019. For non-restaurant businesses, employers must have one hundred or more employees globally (two hundred fifty or more for non-profits), fifty of whom must be “covered employees”. Employers must also have a certain number of employees for the Ordinance to apply. 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. The Chicago City Council adopted the Chicago Fair Workweek Ordinance on July 24, 2019 to take effect July 1, 2020. 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. We expect to introduce the revised Chicago Fair Workweek Ordinance this week following a robust negotiation process, encompassing new industries not currently covered in Fair Workweek … One year ago, on July 24, 2019, the Chicago Fair Workweek (FWW) Ordinance was signed into law. Every week, the Chicago Sun-Times analyzes snap counts to see what the Bears are thinking personnel-wise. Although the substantive requirements of the Ordinance will still go into effect on July 1, 2020 as scheduled and may still be enforced […] This Ordinance, which is set to take effect on July 1, 2020, requires covered employers to … Businesses will be fined $300 to $500 for each offense. Get the latest news on how COVID-19 is impacting Chicago and Illinois. 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. Employees must be given at least a 10-day notice of their new schedule. Apr 9, 2019. The Fair Workweek Ordinance requires certain employers to provide workers with predictable work schedules and compensation for changes. Chicago’s minimum wage rising Wednesday to $14 amid pandemic. An employer must first offer additional hours to part-time employees before hiring anyone else. On July 24, 2019, the Chicago City Council passed the Fair Workweek Ordinance (the Ordinance), a type of “predictable scheduling” law, which requires employers to pay employees for making late changes to employees' work schedules. The city of Chicago began implementing its Fair Workweek Ordinance on July 1, 2020. Employers Covered by the Ordinance Fair Workweek Is Good for Business. A prospective employee may submit a request for modification to which the employer must respond within three days. “The IRA continues to encourage local officials to consider all forms of regulatory and financial relief to support this critical sector of our economy.”. © Albee Law PC - 2020. John W. Albee is the founder and principal of Albee Law PC. Save for certain exceptions, schedule changes after that time will require payment of “Predictability Pay” to the impacted employee. We follow the stories and update you as they develop. 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. In addition, an employer may change an employee’s schedule without penalty if there are threats to the employer, the employees, or the employer’s property, or where there is a failure of certain public utilities to provide service to the employer’s premises. Providing employees with less than ten days’ notice of schedule changes can be quite costly for employers. Jul 24, 2019. 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. 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. Print: Email Tweet Like LinkedIn. After two long years of planning, advocacy, and negotiations, Chicago City Council has passed the Fair Workweek Ordinance. By: Sara E. Fowler and Kevin M. Young Seyfarth Synopsis: Chicago’s Fair Workweek Ordinance goes into effect on July 1. 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. A similar crime was reported in the same block three weeks earlier. This one covers their 33-27 win over the Vikings. Know about breaking news as it happens. Jul 24, 2019. Employers must also give their new hires a written pre-employment “good faith estimate” detailing the employee’s anticipated workdays and hours. 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. Paramedics responded to the injured man Monday in the Ashburn neighborhood. Chicago passed the Chicago Fair Workweek Ordinance in July 2019. Lea este artículo en español en La Voz Chicago, un servicio presentado por AARP Chicago. What to know about Chicago’s new Fair Workweek Ordinance, Top Chicago lawyer resigns over Anjanette Young raid. 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. The law will require covered employers to provide covered employees ten days’ notice of their work schedule. There are several other provisions in the Ordinance that employers must be aware of. 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. Chicago passed the Chicago Fair Workweek Ordinance in July 2019. 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. 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. Chicago’s Fair Workweek ordinance goes into effect on July 1, 2020. Employers and workers battle over Chicago's proposed predictable scheduling law. Employers must keep records that pertain to employee schedules and hours worked for at least three years. 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. We granted conditional market authorization.". However, this pandemic provision does not apply to an employee’s “right to rest”. A “Covered employee” is an employee who makes less than $26.00 per hour or, if the employee is salaried, less than $50,000.00 annually. 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. By choosing I Accept, you consent to our use of cookies and other tracking technologies. Follow here for live updates. This article provides a brief overview of the Ordinance and some of the potential pitfalls for employers. Chicago’s fair workweek ordinance aims to be the broadest in the country. Their records should be expunged automatically, she said. 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. Please also read our Privacy Notice and Terms of Use, which became effective December 20, 2019. 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… Thereafter, however, the Ordinance creates a private right of action for the employee, which means that the employee could sue his or her employer. This article is intended to provide only a brief overview of some of the Ordinance’s provisions. Workers also will be given the “right to decline” any additional hours added to their schedule with less than the 10-day notice. 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. Penalties for businesses not following the ordinance. City Council approved an amendment to the Chicago Fair Workweek Ordinance to temporarily protect employers from lawsuits. Stay tuned for a detailed summary. 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