A City of Chicago Municipal Ordinance (law) titled the Chicago Fair Workweek Ordinance becomes effective July 1, 2020.

Employers covered under the new law: Employers in the building services, healthcare, hotel. manufacturing, restaurant, and warehouse services are covered, IF:

• Operating in the City of Chicago in one of the covered industries; AND
• Employ at least 100 employees globally; AND
• Of which at least 50 are covered employees.

Employees covered under the new law: An employee must earn less than $50,000 per year, or less than $26.00 per hour.

Employers must do the following:

1.  Prior to or at the start of the employment, employer must provide to the employee IN WRITING a “good faith estimate” of anticipated days and hours of work for the first 90 days, to INCLUDE

• The employee’s average number of weekly hours;
• Whether employee will be “on call”; and,
• The subset of time or shifts that employee will work.

2. Employer must POST the work schedule at least 10 days before the new schedule starts. (NOTE: On July 1, 2020, employers will have 14 days.)

Penalties under the law: If employer makes a change in the schedule after the 10 day deadline, a penalty is imposed.

Employee rights under the law:

• May decline work schedule hours that are less than 10 hours after the end of a previous day’s shift, OR,
• Work the shift and the employer must pay premium pay to the employee at a rate of 1.25 time the employee’s regular rate or pay; OR,
• May request a modified work additional shifts or hours, changes in days of work, changes in shift start and end times, permission to exchange shifts with other employees, limitations on availability, part-time or part-year employment, job sharing arrangements, or a redirection or change in work duties.

Questions? Contact attorney Anthony J. Caruso, Jr., in our St. Charles office at (630) 377-1554 or by email at ancaruso@wesselssherman.com.