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. A similar crime was reported in the same block three weeks earlier. It also published a supplemental COVID-related rule addressing how the pandemic exception to the obligation to pay predictability pay would be interpreted. Workers will receive 50% of their base pay for every hour lost if changes are made less than 24 hours before a shift starts. 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). Bill Pokorny. Chicago’s economy is fueled by growth in retail, food service, hospitality, and healthcare. 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 … The Fair Workweek Ordinance was passed unanimously by the Chicago City Council last summer and takes effect Wednesday. Featured. 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. janitorial services, security, and maintenance), healthcare, hotels, manufacturing, restaurants, retail, and warehouse services (e.g. “The IRA continues to encourage local officials to consider all forms of regulatory and financial relief to support this critical sector of our economy.”. 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. Their records should be expunged automatically, she said. Kim Foxx’s vision: Automatically erase more serious convictions for weed dealing, expunge cocaine or heroin arrests. Stay tuned for a detailed summary. “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. Penalties for businesses not following the ordinance. 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). 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. The Chicago City Council just approved what is likely the most expansive predictive scheduling law in the country. The proposed ordinance would require certain Chicago employers to give workers advance notice of work schedules and pay for last minute changes. To learn more or opt-out, read our Cookie Policy. 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. 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. Chicago is entering the growing collection of jurisdictions enacting predictive scheduling requirements with the recent passage of the Fair Workweek Ordinance … 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. Employees also have the right to decline any additional hours assigned with less than ten days’ notice. Apr 9, 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… An employee may also be able to recover attorneys’ fees and costs. An employer must first offer additional hours to part-time employees before hiring anyone else. An employee who believes that his or her employer has violated the Ordinance must first go through an administrative investigation with the city. 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. Bill is a partner at Franczek P.C. On July 24, 2019, the Chicago City Council adopted the Chicago Fair Workweek Ordinance to take effect on July 1, 2020. Know about breaking news as it happens. The Ordinance covers employers primarily engaged in only certain industries, including building services, hotels, healthcare, and retail. What to know about Chicago’s new Fair Workweek Ordinance, Top Chicago lawyer resigns over Anjanette Young raid. Chicago passed the Chicago Fair Workweek Ordinance in July 2019. 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. © Albee Law PC - 2020. 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. 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. However, this pandemic provision does not apply to an employee’s “right to rest”. Sign up for the Six people were wounded in a single shooting early Saturday at a party on the South Side. Please also read our Privacy Notice and Terms of Use, which became effective December 20, 2019. Employers must also post notices advising employees of their rights under the Ordinance and place such notices in an employee’s first paycheck. The employee must also work in one of the following industries: building services (e.g. Apr 9, 2019. The city of Chicago began implementing its Fair Workweek Ordinance on July 1, 2020. Employers Covered by the Ordinance The changes bring not only new state and local minimum wages but also the new Chicago Fair Workweek Ordinance. A prospective employee may submit a request for modification to which the employer must respond within three days. Certain Chicago employees will soon enjoy more control over their work schedules. 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. Tags: Chicago, Fair Workweek Ordinance, Predictable Scheduling. The Chicago Federation of Labor, an association of nearly 300 labor groups, has an ownership stake in Sun-Times Media. 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. Chicago Fair Workweek Ordinance. Other cities, including New York, Seattle and Philadelphia, have adopted similar plans. Chicago’s minimum wage rising Wednesday to $14 amid pandemic. John W. Albee is the founder and principal of Albee Law PC. 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. There are a number of other exemptions, some of which are industry specific, so it is important for employers to review the Ordinance carefully. The nationally acclaimed award recognizes outstanding work from African American fiction writers. This Ordinance, which is set to take effect on July 1, 2020, requires covered employers to … 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. “It’s about the quality of life for working families in our city.”. This article provides a brief overview of the Ordinance and some of the potential pitfalls for employers. 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. Thereafter, however, the Ordinance creates a private right of action for the employee, which means that the employee could sue his or her employer. Fair Workweek Is Good for Business. The pending measure has no direct payments for the city of Chicago, the state of Illinois and other cash-starved local governments. 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. 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). Workers also will be given the “right to decline” any additional hours added to their schedule with less than the 10-day notice. 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." And if you aren’t sure if you’re covered — or even what the law entails — here’s what you need to know. 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. Providing employees with less than ten days’ notice of schedule changes can be quite costly for employers. Highlights of new COVID relief deal: Congress to vote on $300 jobless benefit, $600 direct payment and more PPP. Update: On May 12, 2020, the Chicago Department of Business Affairs and Consumer Protection (BACP) published its finalized rules on the Fair Workweek Ordinance.. 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. 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. Apr 9, 2019. Chicago’s Fair Workweek ordinance goes into effect on July 1, 2020. If an employee chooses to work those hours, he or she will receive time and a quarter for the shift. We granted conditional market authorization.". 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. Further, even if an employee agrees to work these hours, the employer must pay the employee time and a quarter for the shift. 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. 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. 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. Workers in several industries in Chicago will have new rights that protect them from sudden changes to their work schedule. European Commission President Ursula von der Leyen said the commission "took the decision to make available for European citizens the first COVID-19 vaccine. 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 Chicago City Council adopted the Chicago Fair Workweek Ordinance on July 24, 2019 to take effect July 1, 2020. 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. Title: SO2019-3928 - SO2019-3928.pdf Author: Legistar Keywords: ordinance SO2019-3928 Created Date: 9/18/2019 8:47:08 AM The Ordinance goes into effect on July 1, 2020. 39 shot, 6 fatally, in Chicago this weekend. These records must be detailed and it is important for employers to review the ordinance carefully to determine what specific records must be kept. newsletter, was passed unanimously by the Chicago City Council last summer. There are several other provisions in the Ordinance that employers must be aware of. This seems like as good a time as any for a refresher on the Ordinance. This one covers their 33-27 win over the Vikings. Although the substantive requirements of the Ordinance will still go into effect on July 1, 2020 as scheduled and may still be enforced […] A FAIR WORKWEEK IN CHICAGO. 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. Employers must also give their new hires a written pre-employment “good faith estimate” detailing the employee’s anticipated workdays and hours. Chicago passed the Chicago Fair Workweek Ordinance in July 2019. By: Sara E. Fowler and Kevin M. Young Seyfarth Synopsis: Chicago’s Fair Workweek Ordinance goes into effect on July 1. 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. All rights reserved. This law took effect July 1, 2020 and imposes significant new obligations on many employers with locations within the Chicago city limits. Illinois and Chicago employers navigating reopening during a pandemic now have something else to deal with: new laws taking effect on July 1, 2020. Print: Email Tweet Like LinkedIn. Save for certain exceptions, schedule changes after that time will require payment of “Predictability Pay” to the impacted employee. The notice must include both shift schedules and on-call schedules. Lea este artículo en español en La Voz Chicago, un servicio presentado por AARP Chicago. Mar 11, 2019. “People tend to live to work instead of working to live, and this ordinance addresses that,” Villar said. There are some situations where the Ordinance does not apply. 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 is important for employers to review the Ordinance carefully and to understand how it impacts their business. The rule provides that a work schedule change will be … By choosing I Accept, you consent to our use of cookies and other tracking technologies. 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