Chicago, IL: Predictive Scheduling Law Coming Next Summer

The Chicago Fair Workweek Ordinance was recently passed by the City Council, which will require employers to provide advance notice of work schedules to lower income employees in certain industries. Specifically, the Ordinance applies to employers with 100 or more employees globally (250 employees for non-profit organizations), 50 of which meet the eligibility requirements. Employees are eligible for protection under the Ordinance if they primarily work in Chicago, earn no more than $50,000 per year in salary or $26 per hour as an hourly worker, and work in building services, healthcare, hotel, manufacturing, restaurant, retail, or warehouse services industries.

Prior to starting work, employers must give a good faith estimate in writing of the employees’ projected days and hours of work for the first 90 days of employment, including the expected average weekly hours, on-call shifts, and days off. Employers must provide a response in writing within three days of a request from a job applicant to change the projected schedule. Employers must also give employees at least 10 days’ advance notice of their work schedules, which will be extended to 14 days’ advance notice in 2022. Employees who are the victim of domestic or sexual violence or have a family or household member who is a victim, may request that their work schedule not be posted or transmitted to others.

There are limitations to when an employer may change the posted schedule, including employee rights to decline certain changes. Subject to certain exceptions, if the schedule is changed, employers must pay a one-hour penalty in addition to the employee’s regular compensation. If regular or on-call shifts are canceled or reduced with less than 24 hours’ notice, employers must pay 50% of the regular rate of pay for any unworked hours.

Employers must also offer additional shifts first to existing qualified part-time employees, second to existing qualified full-time employees, and third to temporary or seasonal workers who have worked for two or more weeks. Employers cannot discriminate in the distribution of shifts. Employers pay be fined $300-$500 per offense, and $1,000 for discrimination or retaliation against employees exercising their rights under the Ordinance.

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