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. 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. 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. The Ordinance only applies to “covered employees”. 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. 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. 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. There are several other provisions in the Ordinance that employers must be aware of. Bill Pokorny. 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. Workers also will be given the “right to decline” any additional hours added to their schedule with less than the 10-day notice. 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. Featured. 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. Their records should be expunged automatically, she said. 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. The Ordinance covers employers primarily engaged in only certain industries, including building services, hotels, healthcare, and retail. Get the latest news on how COVID-19 is impacting Chicago and Illinois. 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. 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. 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). Fair Workweek Is Good for Business. Apr 9, 2019. The city of Chicago began implementing its Fair Workweek Ordinance on July 1, 2020. Apr 9, 2019. Jul 24, 2019. Further, even if an employee agrees to work these hours, the employer must pay the employee time and a quarter for the shift. The Chicago City Council just approved what is likely the most expansive predictive scheduling law in the country. Chicago passed the Chicago Fair Workweek Ordinance in July 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. Read on for your all-in-one guide to the Chicago Fair Workweek regulations. John W. Albee is the founder and principal of Albee Law PC. Chicago’s economy is fueled by growth in retail, food service, hospitality, and healthcare. 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. Kim Foxx’s vision: Automatically erase more serious convictions for weed dealing, expunge cocaine or heroin arrests. Tags: Chicago, Fair Workweek Ordinance, Predictable Scheduling. Highlights of new COVID relief deal: Congress to vote on $300 jobless benefit, $600 direct payment and more PPP. Jul 24, 2019. The Ordinance goes into effect on July 1, 2020. 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. 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. 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). The employee must also work in one of the following industries: building services (e.g. For some, it won’t be enough. Know about breaking news as it happens. City Council approved an amendment to the Chicago Fair Workweek Ordinance to temporarily protect employers from lawsuits. However, this pandemic provision does not apply to an employee’s “right to rest”. After two long years of planning, advocacy, and negotiations, Chicago City Council has passed the Fair Workweek Ordinance. By Bob Greene, Senior HR Industry Analyst. The law will require covered employers to provide covered employees ten days’ notice of their work schedule. An employee who believes that his or her employer has violated the Ordinance must first go through an administrative investigation with the city. The Chicago City Council approved the “Chicago Fair Workweek Ordinance” on July 24, 2019. Chicago’s minimum wage rising Wednesday to $14 amid pandemic. 39 shot, 6 fatally, in Chicago this weekend. Apr 9, 2019. janitorial services, security, and maintenance), healthcare, hotels, manufacturing, restaurants, retail, and warehouse services (e.g. The proposed ordinance would require certain Chicago employers to give workers advance notice of work schedules and pay for last minute changes. 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. It covers employees working in building services, health care, hotels, manufacturing, restaurants, retail … 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. 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. This article is intended to provide only a brief overview of some of the Ordinance’s provisions. storage, loading, distribution, and delivery). 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. And if you aren’t sure if you’re covered — or even what the law entails — here’s what you need to know. An employee may also be able to recover attorneys’ fees and costs. This Ordinance, which is set to take effect on July 1, 2020, requires covered employers to … These are the new minimum wages taking effect for the State of Illinois, Cook County and City of Chicago: 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”. Jul 24, 2019. The pending measure has no direct payments for the city of Chicago, the state of Illinois and other cash-starved local governments. The Fair Workweek Ordinance requires certain employers to provide workers with predictable work schedules and compensation for changes. Chicago passed the Chicago Fair Workweek Ordinance in July 2019. 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. A FAIR WORKWEEK IN CHICAGO. 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 … The Chicago Federation of Labor, an association of nearly 300 labor groups, has an ownership stake in Sun-Times Media. newsletter, was passed unanimously by the Chicago City Council last summer. 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. We granted conditional market authorization.". All rights reserved. By choosing I Accept, you consent to our use of cookies and other tracking technologies. Employees also have the right to decline any additional hours assigned with less than ten days’ notice. 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. Update: On May 12, 2020, the Chicago Department of Business Affairs and Consumer Protection (BACP) published its finalized rules on the Fair Workweek Ordinance.. Sign up for the 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). The Fair Workweek Ordinance was passed unanimously by the Chicago City Council last summer and takes effect Wednesday. Workers in several industries in Chicago will have new rights that protect them from sudden changes to their work schedule. Stay tuned for a detailed summary. 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. Illinois and Chicago employers navigating reopening during a pandemic now have something else to deal with: new laws taking effect on 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. Employers must also post notices advising employees of their rights under the Ordinance and place such notices in an employee’s first paycheck. 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. 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. Although the substantive requirements of the Ordinance will still go into effect on July 1, 2020 as scheduled and may still be enforced […] Paramedics responded to the injured man Monday in the Ashburn neighborhood. The notice must include both shift schedules and on-call schedules. 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. There are some situations where the Ordinance does not apply. Chicago’s Fair Workweek ordinance goes into effect on July 1, 2020. This seems like as good a time as any for a refresher on the Ordinance. The notice must include both shift schedules and on-call schedules. 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. 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. “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. 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. 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. Bill is a partner at Franczek P.C. 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… “It’s about the quality of life for working families in our city.”. 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. The changes bring not only new state and local minimum wages but also the new Chicago 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. Lea este artículo en español en La Voz Chicago, un servicio presentado por AARP Chicago. Thereafter, however, the Ordinance creates a private right of action for the employee, which means that the employee could sue his or her employer. A prospective employee may submit a request for modification to which the employer must respond within three days. Follow here for live updates. 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. Providing employees with less than ten days’ notice of schedule changes can be quite costly for employers. Workers will receive 50% of their base pay for every hour lost if changes are made less than 24 hours before a shift starts. 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. 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 similar crime was reported in the same block three weeks earlier. The Chicago City Council adopted the Chicago Fair Workweek Ordinance on July 24, 2019 to take effect July 1, 2020. Other cities, including New … An employer must first offer additional hours to part-time employees before hiring anyone else. If an employee chooses to work those hours, he or she will receive time and a quarter for the shift. “People tend to live to work instead of working to live, and this ordinance addresses that,” Villar said. This article provides a brief overview of the Ordinance and some of the potential pitfalls for employers. What to know about Chicago’s new Fair Workweek Ordinance, Top Chicago lawyer resigns over Anjanette Young raid. “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. Businesses will be fined $300 to $500 for each offense. Title: SO2019-3928 - SO2019-3928.pdf Author: Legistar Keywords: ordinance SO2019-3928 Created Date: 9/18/2019 8:47:08 AM There have been some significant changes since the legislation was first proposed. Employers and workers battle over Chicago's proposed predictable scheduling law. To learn more or opt-out, read our Cookie Policy. The Fair Workweek Ordinance was passed unanimously by the Chicago City Council last summer and takes effect Wednesday. Penalties for businesses not following the ordinance. 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. There are a number of other exemptions, some of which are industry specific, so it is important for employers to review the Ordinance carefully. This law took effect July 1, 2020 and imposes significant new obligations on many employers with locations within the Chicago city limits. Employers must keep records that pertain to employee schedules and hours worked for at least three years. European Commission President Ursula von der Leyen said the commission "took the decision to make available for European citizens the first COVID-19 vaccine. On July 24, 2019, the Chicago City Council adopted the Chicago Fair Workweek Ordinance to take effect on July 1, 2020. 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. Mar 11, 2019. Chicago Fair Workweek Ordinance. 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. “The IRA continues to encourage local officials to consider all forms of regulatory and financial relief to support this critical sector of our economy.”. Mark Flessner, who served as corporation counsel for the city, sent an email to the law department Sunday announcing his resignation. Save for certain exceptions, schedule changes after that time will require payment of “Predictability Pay” to the impacted employee. For more information, please contact Albee Law PC at (312) 279-0115 or by email at [email protected] 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. This one covers their 33-27 win over the Vikings. Employers must also have a certain number of employees for the Ordinance to apply. Print: Email Tweet Like LinkedIn. The rule provides that a work schedule change will be … The Chicago Fair Workweek Ordinance, which seeks to bring predictability to employee scheduling, is effective as of July 1, 2020. One year ago, on July 24, 2019, the Chicago Fair Workweek (FWW) Ordinance was signed into law. The time period for the notice will extend to 14 days in two years. 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. Please also read our Privacy Notice and Terms of Use, which became effective December 20, 2019. 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 remainder of the Ordinance, however, is in effect and being enforced, so it is important for employers to know what is in the Ordinance and to comply with its provisions. 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). Employers must also give their new hires a written pre-employment “good faith estimate” detailing the employee’s anticipated workdays and hours. 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. Six people were wounded in a single shooting early Saturday at a party on the South Side. It is important for employers to review the Ordinance carefully and to understand how it impacts their business. 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 … Certain Chicago employees will soon enjoy more control over their work schedules. 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. 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