On Wednesday, the Chicago City Council passed the Chicago Fair Workweek Ordinance, creating drastic new requirements for employers when creating and dispersing employee schedules. The new ordinance applies to employers in the following industries: building services, healthcare, hotels, manufacturing, restaurants, retail, and warehouse services. For all current employees earning $50,000 per year or $26 per hour, the ordinance requires that employers continuously provide employees with schedules at least 10 days prior to the start of the relevant workweek. That deadline expands to 14 days as of July 1, 2022.
While employers face additional scheduling requirements, employees will be provided with more flexibility. Under the ordinance, employers may not alter employees’ schedules after the deadlines for doing so have passed without facing penalties. Employees, meanwhile, reserve the right to decline any additional shifts not scheduled prior to that point. Employees will also have the right to decline shifts scheduled to start less than 10 hours after the end of the previous day’s shift. If and when an employee does accept such a shift, the employer must pay the employee at a rate of 1.25 times their regular rate of pay for that shift.
The employees’ powers do not stop there. In the event that an employer requires a work shift to be covered, employers must also first offer available shifts to the employees covered under the ordinance. Employers should be aware of this new law and its implications for their businesses, as employers will be subject to fines for each and every violation of the new ordinance.
Companies conducting business in the city will be required to become compliant with the new law by July 1, 2020.
Ryan Guerin is an attorney in the Firm’s Labor and Employment & Business Litigation Practice Groups. If you have any questions or concerns about this issue or any other matter, please contact Ryan directly at 813-223-1099.