Business & Work

Workers in Chicago have rights related to their work schedule. A law called the Fair Workweek Ordinance A law or rule made by a local government like a town or city gives certain protections to workers in specific industries. This article explains them. 

Which workers are covered?

Workers are covered by the law if they work in one of these industries:

• Building services,
• Healthcare,
• Hotels,
• Manufacturing,
• Restaurants,
• Retail, and
• Warehouse services.

Workers are not covered if they:

• Work ticketed events,
• Have collective bargaining agreements,
• Work for the City,
• Make more than $32.60 per hour or $62,561.90 in a year,
• Work for an employer that’s not a restaurant and has less than 100 employees (less than 250 employees for nonprofits) or less than 50 covered employees,  
• Work for a restaurant that has less than 250 employees or 30 locations, or
• Spend the majority of their time working outside the City of Chicago. 

What rights do covered workers have?

Advance notice of work schedule

Employers must give workers the estimated days and times of their work schedules, in writing, for the first 90 days of employment.

Your employer must give you 14 days advance written notice of your actual work schedule. 

Schedule changes 

You have the right to decline schedule changes made less than 14 days from the start of the schedule.

If you do agree to a shift change with less than 14 days notice, you are entitled to "Predictability Pay." Predictability Pay is one hour of pay extra for each change. Schedule changes that are 15 minutes or less don't require predictability pay. 

If your employer changes your schedule or cancels a whole shift within 24 hours of the start of the shift, you are entitled to half of what you would have made if you worked.

There are some exceptions to the above requirements. For example, if you and your employer agree to a schedule change in writing. 

Additional work hours

When employers need to fill additional shifts, they must first offer those shifts to existing employees before they offer the work to temporary or seasonal workers.

Right to rest

You can decline an offer to work a shift scheduled less than 10 hours after the end of your previous shift.  If you accept the hours, you should be paid 1.25 what you normally make, unless the hours are overtime hours. In the case of overtime hours, you should be paid the overtime rate.

Employers cannot retaliate against you for exercising your rights under the Chicago Fair Workweek Ordinance. Employers who do retaliate may be subject to a fine or found in violation of the Municipal Code of Chicago.

If you think your rights under the Ordinance have been violated, you can submit a complaint to the Office of Labor Standards. You can also submit a complaint by contacting 311.

You may also be protected under the One Day Rest in Seven Act (ODRISA). ODRISA is an Illinois law that requires employers to give their employees at least one full day off every seven days. This law applies to most workers who work more than 20 hours per week. The goal is to make sure that workers get a regular break from work to rest and recharge.

Full Day Off means a 24-hour period where you're not required to work. The law also requires employers to give meal breaks and additional rest breaks depending on the number of hours worked. Learn more about your rights under ODRISA.