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. It is important for employers to review the Ordinance carefully and to understand how it impacts their business. The Chicago City Council just approved what is likely the most expansive predictive scheduling law in the country. 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. “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. Under the Ordinance, employers must give their Chicago employees at least ten days’ notice of their work schedule (with the minimum notice to increase to fourteen days starting July 1, 2022). 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. Every week, the Chicago Sun-Times analyzes snap counts to see what the Bears are thinking personnel-wise. If the part-time employees decline, then the employer must offer the additional hours to temporary and seasonal workers before hiring anyone else. The time period for the notice will extend to 14 days in two years. 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. 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. 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." Certain Chicago employees will soon enjoy more control over their work schedules. To learn more or opt-out, read our Cookie Policy. One year ago, on July 24, 2019, the Chicago Fair Workweek (FWW) Ordinance was signed into law. 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. Highlights of new COVID relief deal: Congress to vote on $300 jobless benefit, $600 direct payment and more PPP. The Ordinance covers employers primarily engaged in only certain industries, including building services, hotels, healthcare, and retail. 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. And if you aren’t sure if you’re covered — or even what the law entails — here’s what you need to know. “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. 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. 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. Employers Covered by the Ordinance We granted conditional market authorization.". 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. Get the latest news on how COVID-19 is impacting Chicago and Illinois. Apr 9, 2019. 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. Under the Ordinance, employers must give their Chicago employees at least ten days’ notice of their work schedule (with the minimum notice to increase to fourteen days starting July 1, 2022). Employers must also post notices advising employees of their rights under the Ordinance and place such notices in an employee’s first paycheck. The notice must include both shift schedules and on-call schedules. “It’s about the quality of life for working families in our city.”. 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. There are some situations where the Ordinance does not apply. 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. A prospective employee may submit a request for modification to which the employer must respond within three days. 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 to take effect on July 1, 2020. The changes bring not only new state and local minimum wages but also the new Chicago Fair Workweek Ordinance. 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”. 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… We follow the stories and update you as they develop. Kim Foxx’s vision: Automatically erase more serious convictions for weed dealing, expunge cocaine or heroin arrests. 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. 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. A FAIR WORKWEEK IN CHICAGO. 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. 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. 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 city of Chicago began implementing its Fair Workweek Ordinance on July 1, 2020. Their records should be expunged automatically, she said. 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 … 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. After two long years of planning, advocacy, and negotiations, Chicago City Council has passed the Fair Workweek Ordinance. 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. 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. “People tend to live to work instead of working to live, and this ordinance addresses that,” Villar said. The Chicago City Council approved the “Chicago Fair Workweek Ordinance” on July 24, 2019. Six people were wounded in a single shooting early Saturday at a party on the South Side. Chicago Fair Workweek Ordinance. Print: Email Tweet Like LinkedIn. Bill is a partner at Franczek P.C. An employer must first offer additional hours to part-time employees before hiring anyone else. 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. Chicago’s Fair Workweek ordinance goes into effect on July 1, 2020. This Ordinance, which is set to take effect on July 1, 2020, requires covered employers to … Penalties for businesses not following the 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. 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. 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. 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. Employers must also give their new hires a written pre-employment “good faith estimate” detailing the employee’s anticipated workdays and hours. These are the new minimum wages taking effect for the State of Illinois, Cook County and City of Chicago: 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. 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 … Providing employees with less than ten days’ notice of schedule changes can be quite costly for employers. Chicago’s minimum wage rising Wednesday to $14 amid pandemic. There are a number of other exemptions, some of which are industry specific, so it is important for employers to review the Ordinance carefully. Jul 24, 2019. The Fair Workweek Ordinance was passed unanimously by the Chicago City Council last summer and takes effect Wednesday. The Chicago Federation of Labor, an association of nearly 300 labor groups, has an ownership stake in Sun-Times Media. Chicago passed the Chicago Fair Workweek Ordinance in July 2019. Know about breaking news as it happens. These records must be detailed and it is important for employers to review the ordinance carefully to determine what specific records must be kept. The city of Chicago began implementing its Fair Workweek Ordinance on July 1, 2020. Apr 9, 2019. The nationally acclaimed award recognizes outstanding work from African American fiction writers. Employees must be given at least a 10-day notice of their new schedule. Read on for your all-in-one guide to the Chicago Fair Workweek regulations. 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. It also published a supplemental COVID-related rule addressing how the pandemic exception to the obligation to pay predictability pay would be interpreted. The Fair Workweek Ordinance requires certain employers to provide workers with predictable work schedules and compensation for changes. The pending measure has no direct payments for the city of Chicago, the state of Illinois and other cash-starved local governments. Workers in several industries in Chicago will have new rights that protect them from sudden changes to their work schedule. This law took effect July 1, 2020 and imposes significant new obligations on many employers with locations within the Chicago city limits. The Ordinance only applies to “covered employees”. 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. Please also read our Privacy Notice and Terms of Use, which became effective December 20, 2019. © Albee Law PC - 2020. The proposed ordinance would require certain Chicago employers to give workers advance notice of work schedules and pay for last minute changes. An employee may also be able to recover attorneys’ fees and costs. What to know about Chicago’s new Fair Workweek Ordinance, Top Chicago lawyer resigns over Anjanette Young raid. 39 shot, 6 fatally, in Chicago this weekend. 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. 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). 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. Employers must also have a certain number of employees for the Ordinance to apply. Chicago’s economy is fueled by growth in retail, food service, hospitality, and healthcare. storage, loading, distribution, and delivery). By: Sara E. Fowler and Kevin M. Young Seyfarth Synopsis: Chicago’s Fair Workweek Ordinance goes into effect on July 1. Title: SO2019-3928 - SO2019-3928.pdf Author: Legistar Keywords: ordinance SO2019-3928 Created Date: 9/18/2019 8:47:08 AM Save for certain exceptions, schedule changes after that time will require payment of “Predictability Pay” to the impacted employee. The employee must also work in one of the following industries: building services (e.g. By Bob Greene, Senior HR Industry Analyst. The Fair Workweek Ordinance was passed unanimously by the Chicago City Council last summer and takes effect Wednesday. If an employee chooses to work those hours, he or she will receive time and a quarter for the shift. This article is intended to provide only a brief overview of some of the Ordinance’s provisions. However, this pandemic provision does not apply to an employee’s “right to rest”. John W. Albee is the founder and principal of Albee Law PC. 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. Employers and workers battle over Chicago's proposed predictable scheduling law. 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. This seems like as good a time as any for a refresher on the Ordinance. 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. 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. Thereafter, however, the Ordinance creates a private right of action for the employee, which means that the employee could sue his or her employer. Mar 11, 2019. 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. There have been some significant changes since the legislation was first proposed. 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