The Chicago Fair Workweek Ordinance: –What employers need to know

Derek Jones

Derek Jones

VP of Business Development, Deputy Americas

May 01, 2018

The Chicago Fair Workweek Ordinance: –What employers need to know

Derek Jones, VP of Business Development, Deputy Americas
May 01, 2018


Important Notice

The information contained in this article is general in nature and you should consider whether the information is appropriate to your needs. Legal and other matters referred to in this article are of a general nature only and are based on Deputy’s interpretation of laws existing at the time and should not be relied on in place of professional advice. Deputy is not responsible for the content of any site owned by a third party that may be linked to this article and no warranty is made by us concerning the suitability, accuracy or timeliness of the content of any site that may be linked to this article. Deputy disclaims all liability (except for any liability which by law cannot be excluded) for any error, inaccuracy, or omission from the information contained in this article and any loss or damage suffered by any person directly or indirectly through relying on this information.


The Chicago Fair Workweek Ordinance

The Chicago City Council is currently reviewing a fair workweek ordinance that would require employers to pay employees for any scheduling changes made within less than two weeks’ notice and other part-time employee rights. This new legislation, if passed, will go into effect on July 1st, 2018.

The Chicago Fair Workweek Ordinance could impact 40 percent of Chicago’s workforce.

The “Chicago Fair Workweek Ordinance” is taking after other similar legislation, like the ones in San Francisco, Seattle, and New York City. These laws are meant to give hourly employees more predictable, flexible schedules and financial stability. Although the greatest impact will likely be on hourly employees who work in the retail and fast-food industries, this ordinance is designed to cover any employer with a physical presence in Chicago and businesses that qualify for a Chicago business license.

The fight for a higher minimum wage may also heat up with this new ordinance being introduced. Illinois recently passed a bill to raise the state’s minimum wage to $15 an hour but the bill got vetoed on August 25th, 2017. The current minimum wage in Chicago remains at $8.25.

To learn more about the minimum wage increases in the U.S, check out the following blog:

U.S Minimum Wage Increases in 2018


Employers will be required to:

  • Give 2 weeks’ advance notice of work schedules and must post them in the workplace or send them electronically
  • Compensate employees for changes in their schedule (with less than two weeks’ notice) one hour of “predictability pay,” which is equal to the covered employee’s regular rate of pay
  • Offer additional hours to existing employees before hiring
  • Post a notice of employees’ rights under the Ordinance in a visible area at the workplace (in English and any other prevalent language)
  • Keep certain scheduling records for up to 5 years including the hours worked, changes to an initially posted schedule, pay rate, consent to work hours (where the Ordinance requires consent), and documentation of the time and the process that the employer used to offer additional hours to existing employees
  • Provide workers with a written “good faith” estimate of hours to be worked and estimated minimum hours prior to or on their first day on the job

Employee Rights

  • Employees have the ‘right to rest’—employees have the right to decline a shift that is scheduled to begin within 11 hours after a previous shift ends (no clopenings)
  • If an employee does agree to work such a shift, then they must be compensated for overtime hours (one-and-a-half times the employee’s regular rate of pay)
  • Guarantee workers at least two weeks advance notice of their schedules
  • The right to request changes to their schedules; including shift swapping with other employees (All responses to requests shall be made in writing by the employer)

Penalties for Violations

The Department of Business Affairs and Consumer Protection is responsible for enforcing penalties and violations could include fines from $500 – $1,000.

Employees can also file a complaint about any of these violations for up to 3 years. All complaints filed with the City will be investigated. The City may also investigate any possible violations including the authority to inspect workplaces, interview persons, and inspect any other information (like records) if necessary.


How Deputy Can Help

Employers must be aware of these laws and their growing popularity. Investing in a tool to help your business stay compliant is vital to any company’s survival. Deputy is the leading workforce management software and is used across the globe to schedule, track time, and communicate with employees wherever they are. Deputy is here to help you avoid the headache, penalties, legal, and business consequences of failing to adhere to these predictive scheduling laws. In fact, the team here at Deputy put together an eBook that covers all of the current predictive scheduling laws and how employers can comply. Download the eBook below:

Download Predictive Scheduling eBook
Deputy Scheduling-iPhone

With Deputy you can:

  • Send and document the Fair Work Estimate
  • Avoid scheduling slip-ups like back-to-back shifts or accidentally scheduling an employee into overtime
  • Easy shift swapping feature
  • Accurately forecast how many people you need working at any time (with a single click) using multiple demand signals
  • Alerts managers in real time of schedule error conflicting with law
  • Enforcement of meal/rest breaks
  • Notifies employees of upcoming shifts
  • Automatically save your published schedules for easy, long-term record-keeping
  • And so much more!

Interested in how much money your organization could be saving with Deputy? Download our ROI calculator below, and see savings on overtimetime theftschedulingpayroll processing, and more.

DOWNLOAD ROI CACULATOR


Sleep well knowing that you adhering to the law and are getting the most out of your business and employees. Learn about Deputy’s workforce management solutions by signing up for a free trial below.

START FREE TRIAL

Important Notice
The information contained in this article is general in nature and you should consider whether the information is appropriate to your needs. Legal and other matters referred to in this article are of a general nature only and are based on Deputy's interpretation of laws existing at the time and should not be relied on in place of professional advice. Deputy is not responsible for the content of any site owned by a third party that may be linked to this article and no warranty is made by us concerning the suitability, accuracy or timeliness of the content of any site that may be linked to this article. Deputy disclaims all liability (except for any liability which by law cannot be excluded) for any error, inaccuracy, or omission from the information contained in this article and any loss or damage suffered by any person directly or indirectly through relying on this information.


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ABOUT THE AUTHOR
Derek Jones
Derek is the VP of Business Development in North America and has 16+ years’ experience in delivering data-driven sales and marketing strategies to SaaS companies.
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