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Record #: O2019-3928   
Type: Ordinance Status: Introduced
Intro date: 5/29/2019 Current Controlling Legislative Body: Committee on Workforce Development
Final action:
Title: Amendment of Municipal Code Title 1 by adding new Chapter 1-25 entitled "Chicago Fair Workweek Ordinance"
Sponsors: Sadlowski Garza, Susan, Rodriguez, Michael D., Villegas, Gilbert, Cardenas, George A., Cardona, Jr., Felix , Hadden, Maria E. , Hairston, Leslie A., Moore, David H., Rodriguez Sanchez, Rossana , Curtis, Derrick G., Martin, Matthew J. , La Spata, Daniel , Taliaferro, Chris, Burnett, Jr., Walter, Ervin, Jason C., Maldonado, Roberto, Mitts, Emma, Waguespack, Scott, Dowell, Pat, Tabares, Silvana, Brookins, Jr., Howard, Ramirez-Rosa, Carlos, Osterman, Harry, Sigcho-Lopez, Byron, Vasquez, Jr., Andres , Austin, Carrie M., King, Sophia D., Silverstein, Debra L., Taylor, Jeanette B. , Gardiner, James M.
Topic: MUNICIPAL CODE AMENDMENTS - Title 1 - General Provisions - Ch. 25 Chicago Fair Workweek Ordinance
Attachments: 1. O2019-3928.pdf
Committee on Workforce Development
May 29, 2019 City Council Meeting



BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO

SECTION 1. Title 1 of the Municipal Code of Chicago is hereby amended by adding a new Chapter'i-25 as follows:


CHAPTER 1-25 CHICAGO FAIR WORKWEEK ORDINANCE


1-25-010 Purpose and Intent

This Chapter shall be known and may be cited as the "Chicago Fair Workweek Ordinance." It is the purpose of 'this Chapter arid the policy of the City: (i) toenact and enforce fair and equitable employment scheduling practices in the City of Chicago; and (ii) to provide the working people of Chicago with protections that ensure employer scheduling practices to not unreasonably prevent workers from attending to their families, health, education and other personal and familial obligations. .

1-25-020 Definitions

As used in this,Chapter, the following terms shall have the following meanings:

"Airport(s)" means any Licensed Service Providers at Chicago 6'Hare and Chicago Midway International Airports as defined in Section 2-20-020 ofthe Chicago^ Municipal Code.

"Building services" means as any employer that employs any individual performing janitorial services, building maintenance 'services, security services or other services in or around a covered location.to maintain the security, repair, cleanliness, and overall quality of any residential or commercial property.


A "child care employer" is one that provides child care in a facility other than a family home and:



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J is_licensed-under.the-lllinois-Chilcl Care Act-of-1969-(-Child-Care-AGt-)-as-a-day eare
center; or
has requested and received exemption from licensure as a day care center under the Child Care Act; or
is otherwise exempt from licensure as a day care center but is required by the Child Care Act to comply with staff qualification and training standards for,out-pf-school time programs.
*... , ' ;.* ... .--^V^7''' ' -
"Commissioner" means the Commissioner of Business Affairs and Consumer Protection or his or her authorized representatives, or that of any succeeding office, agency or department.

"Construction industry" means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building,-,structure, highway, roadway^street, bridge, alley, sewer, ditch, sewage disposal plant, waterworks, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into,, any . • c. structure, project, development, real property or improvement herein described of any material or article of merchandise. Construction shall also include moving construction related materials on the job site to or from the job site, snow plowing,.snow, removal; and refuse collection.


"Covered Employee" means any Employee'who vto'rks in any ofthe industries regulated by this ordinance as defined herein and, in any particular two-week period,'perforrrist;at least two hours of work for an Employer while physically present within the geographic boundaries of the City. For purposes of this definition, time spent traveling in the City that is 'compensated ' time, including, but not limited to, deliveries, sales calls, and travel related to other business activity taking place within the City, shall constitute work while physically present within the geographic boundaries of the City; however, time spent traveling in the City that is uncompensated commuting time shall not constitute work while physically present within the geographic boundaries of the City. An Employee who is paid bh a salary basis and whose'rate of pay per week is greater than the current 40th percentile of weekly earnings of full-time non-hourly workers in the Midwest Census Region, exclusive of board, lodging, or other facilities' as determined by the U.S. Department of Labor, but never less than $50,000 per year, or $962 per week, shali not be, considered a Covered Employee for,the .purposes of this. . Chapter. An Employee shall be considered to be paid on a "salary basis" if the Employee regularly receives each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part ofthe employee's compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed, and without .r.egar.d_to_the_number_oLdays-or_hours-worked.-An-Employee-shall-be-a-Covered-Employee-if-the advance notice of his or her Work Schedule as required under Section 50(b) provides the

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Employee with the hours of work needed to be a Covered Employee, If there is any subsequent change in scheduled hours, a decrease in hours shall not cause an Employee to lose his or her status as a Covered Employee, and an increase in hours shall allow an Employee to be a Covered Employee, including those offered under Section 50. No other terms or conditions of employment, including the location of work performed, shall be required to determine who is a Covered Employee.

"Covered Employee" does not include any Employee: (i) who works in a sports stadium within the City that regularly hosts athletic contests by teams that are members of Major League Baseball, the National Basketball Association, the National Hockey League, the National Football League, Major League Soccer, or the Women's National Basketball Association,'.or (ii) subject to the Hours of Service requirements of 49 U.S.C. Chapter 211 and 49 CFR Part 228.


"Department" means the Department of Business Affairs and Consumer Protection or any succeeding office, agency or department.

"Domestic Violence" means abuse, as defined in Section 103 ofthe Illinois Domestic Violence Act of 1986, 750 ILCS 60.

"Employee" shall mean any individual suffered or permitted to work by an Employer. "Employee" does not include a person who the Employer establishes: (i) has been and will continue to be free from control and direction over the performance of his or her work, both under a contract of service and in fact; (ii) is engaged in an independently established trade, occupation, profession or business; or (iii) is deemed a legitimate sole proprietor or partnership. A sole proprietor or partnership shall be deemed to be legitimate if the Employer establishes that:
the sole proprietor or partnership is performing the service free from the direction or control over the means and manner of providing the service, subject only to the right of the Employer for whom the service is provided to specify the desired result;
the-sole proprietor or partnership is not subject to cancellation or destruction upon severance of the relationship with the Employer;
the sole proprietor or partnership has a substantial investment of capital in the sole proprietorship or partnership beyond the ordinary tools and equipment and a personal vehicle;
the sole proprietor or partnership owns the capital goods and gains the profits and bears the losses of the sole proprietorship or partnership;
the sole proprietor or partnership makes its services available to the general public on a

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continuing:basis;- - — -
the sole proprietor or partnership includes services rendered on a Federal Income Tax Schedule as an independent business or profession;
the sole proprietor or partnership performs services for the contractor under the sole proprietorship's or partnership's name;
when the services being provided require a license or permit, the sole proprietor or partnership obtains and pays for the license or permit in the sole proprietorship's or -partnership's name;

(i) the sole proprietor or partnership furnishes the tools and equipment necessary to provide
the service;

(j) if necessary, the sole proprietor or partnership hires its own Employees without approval ofthe Employer, pays the Employees without reimbursement from the Employer and reports the Employees' income to the Internal Revenue Service;

(k) the Employer does not represent the sole proprietorship or partnership as an Employee of the Employer to the public; and

(I) the sole proprietor of partnership has the right to perform similar services for others on whatever basis and whenever it chooses.


"Employer" means any individual, natural person, corporation, nonprofit corporation, general partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust,.association, joint venture, agency, instrumentality, any other legal or commercial entity, whether domestic or foreign, or any person or group or persons who, directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of one or more Employees within the below listed and defined industries:
Day and temporary labor service agencies as defined by 820 ILCS 175/5;
Hotels as defined by 4-6-180 of the Chicago Municipal Code;
Restaurants as defined herein;

Building services as defined herein;
Healthcare Facility or Program as defined herein;
Manufacturing as defined herein;
(vi i) Ai rports-a s-d efi n ed-here i n; ;
(viii) Warehouses as defined herein;

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(xi) Retail as defined herein; (x) Childcare as defined herein.

"Employer" means any individual, natural person, corporation, nonprofit corporation, general partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, any other legal or commercial entity, whether domestic or foreign, or any person or group or persons who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of one or more Employees. To qualify as an Employer, such individual, group, or entity must: (1) maintain a business facility within the geographic boundaries ofthe City; or have thirty . locations globally and have Employees working for the Employer within the geographic boundaries of the City; or be subject to one or more of the license requirements in Title 4 of this Code; and (2) employ one hundred or more individuals in the aggregate, within any dwelling unit, residence, or any other location or locations.
In the case of restaurants, for the purposes of this Chapter being defined as any and all businesses licensed to serve food in the City of Chicago, to qualify as an Employer, such individual, group or entity must: (i) maintain a business facility within the geographic boundaries of the City, (ii) have thirty locations globally,-(iii) be subject to one or more-of the license requirements in Title 4 of this Code, and (iv) employ two hundred and fifty or more individuals in the aggregate, within any dwelling unit, residence, or any other location or locations.
For purposes of this subsection, in determining the number of Employees where the number of Employees fluctuates, the number may be determined for the current calendar year based upon the average number of Employees who worked for compensation each week during the preceding calendar year.
In determining the number of locations an Employer owns or operates, franchisees that operate three or fewer locations shall be considered separate from franchisors and other franchisees operating the same brand.
In the case of non-profits, for the purposes of this Chapter, to qualify as an Employer the non-profit must: (i) maintain a business facility within the geographic boundaries ofthe City, and (ii) employ two hundred and fifty or more individuals,in the aggregate, within any dwelling unit, residence, or any other location or locations.


"Employer" does not include: (i) any person subject to, or with Employees subject to the Railway Labor Act (45 U.S.C. 181 etseq.).^

"Family or household member" means a spouse, party to a civil union, parent, child, any other individual related by blood or current or former marriage or civil union, other person who shares a relationship through a child, persons whose close relationship with the Employee is the

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equivalent of-aTamily-pelatiGnshipror-persons jointly residing in-th

"Group Communication" means communication to four or more Employees.


"Healthcare Facility or Program" means a health care or long-term services system, employer that:
participates as a provider in the Medicare program under Title XVIII ofthe federal Social Security Act or in Medicaid under Title XIX of the Social Security Act; or
receives payment for services from a health plan operating under the Illinois insurance Code or Health Maintenance Organization Act; or
provides services under the Illinois Act on the Aging or Rehabilitation of Persons with Disabilities Act; or
is licensed under one of the following Illinois licensing acts: Hospital Licensing Act, Nursing home Care Act, Specialized Mental Health Rehabilitation Facilities Act, Assisted Living and Shared Housing Act, Life Care Facilities Act, Ambulatory Surgical Treatment Center Act, or the Home Health, Home Services, and Home Nursing Agency Licensing Act.

. j i ¦ *' ... . ..
"Manufacturing" means all operations in Chicago's M1, M2 and M3 manufacturing
districts, as defined in § 17-5-0102, § 17-5-0103 and § 17-5-0104 of the Chicago Zoning -
Ordinance.* • ¦ - , -

"Predictability Pay" means wages paid to a Covered Employee/ calculated on an hourly basis at the Employee's regular rate of pay as that term is used in 29 U.S.C. § 207(e), as compensation for schedule changes made by an Employer to an Employee's schedule pursuant to this Chapter, in addition to any wages earned for work performed by that Employee. •

"Public utility" shall have the meaning ascribed to that term in 220 ILCS 5/3-105.

"Retail" means any entity that is engaged primarily in the sale of consumer goods. For the purposes of this definition, "consumer goods" means products that are primarily for personal, household, or family purposes, including but not limited to appliances, clothing, electronics, groceries, and household items. Retail shall include "filling stations" as defined by ' 4-108-010 of the Chicago Municipal Code.

"Sexual Violence" means any conduct proscribed by the Criminal Code of 2012, 720 ILCS 5/', in Article 11 and Sections 12-7.3, 12-7.4, and 12-7.5.

"Shift" means the consecutive hours an Employer schedules an Employee to work

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including Employer-approved meal periods and rest periods.

"Telecommunications carrier" shall have the meaning ascribed to that term in 220 ILCS 5/13-202.


"Warehouse" means any employer that engages in the distribution, and delivery of commercial goods including selecting, loading, packing, sorting, stacking, wrapping, storage, and delivery to customer or td point of sale."

"Work Schedule" means all of an Employee's shifts, including specific start and end times for each shift, during a calendar week.

"Writing" or "written" means a printed or printable communication in physical or electronic format including a communication that is transmitted through electronic mail, text message or a computer system op is otherwise sent and. stored electronically.

1-25-030 Application to Collective Bargaining Agreements

Nothing in this Section shall be deemed to interfere with, impede, or in any way diminish the right of Employees to bargain collectively with their Employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum standards of the provisions of this Chapter. Nothing in this Section shall be deemed to affect the validity or. change the terms of bona/fide collective bargaining agreements in force on the effective date.of this Chapter. After the effective date of this Chapter, the requirements of this Section may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly, in such agreement in clear and unambiguous terms. In no event shall this Section apply to any Employee covered by a bona fide collective bargaining agreement who (i) works in the construction industry or (ii) works for a public utility or telecommunications carrier, or affiliate of any such entity and requires specialized and ongoing technical training or (iii) works for an employer that directly competes with the United States Postal Service in providing warehouse services as defined in this iordinance to effectuate the delivery, pickup and transportation of parcels, documents and freight.



1-25-040 Advance Notice of Work Schedules

(a) Initial Estimate of Work Schedule

(1) Prior to or on commencement of employment, an Employer shall provide every Covered Employee with a good faith estimate in writing of the Covered

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Employee's work-seheduleHneluding: * r
The median number of weekly work hours the Covered Employee can expect to work each week;
Whether the Covered Employee can expect to work any on-call shifts;
A subset of days and a subset of times or shifts that the Covered Employee can expect to work, or days of the .week and times or shifts,on which the Covered Employee will not be scheduled to work. The good faith estimate is not a contractual offer binding the Employer, but an estirriate made without a good faith basis is a violation of this section. The Employer is encouraged to engage in an interactive process to discuss such Covered Employee requests, but may grant or deny the request for any reason that is not unlawful.

(2) Prior to or on commencement of employment, the Covered Employee may request that the Employer modify the estimated work schedule'provided under subsection (a)(1) of this section. The Employer shall consider any such request, and in its sole discretion may accept or reject the request, provided that the Employer shall notify the Covered Employee of Employer's determination in writing prior to commencement of employment.

(b) Two Weeks'Advance Notice of Work Schedule.

(1) An Employer shall provide its Covered Employees with written notice of work hpurs no later than110 days before the first day of any new schedule from.April 1, 2020, to March 31, 2022, and shall be posted no later than 14 days before the. first day of any new schedule beginning April 1, 2022, by posting the Work'Schedule in a , conspicuous place at the workplace that is readily accessible and visible to all Covered Employees. The written work schedule shall.include the. shifts.of.aH current Covered. ... ...
Employees at that worksite, whether or hot they are scheduled to work or be on-call that week. Additionally, upon written or-oral request of a Covered. Employee, Employer shall transmit the Work Schedule by electronic means., Employers shall provide each new Covered Employee prior to or on the new Employee's?first day of employment with an initial Work Schedule that runs through the date that the next work schedule for existing Covered Employees is scheduled to be posted.

(2) Thereafter, the Employer sharMnclude the new Covered Efriployee in an existing Work Schedule with other Covered Employees. If the Employer changes a Covered Employee's Work Schedule after it is posted; and/or transmitted, such changes shall be subject to the notice and compensation requirements set forth in this Chapter. This notice requirement shall not apply to. any Work Schedule changes the Covered


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Employee initiates, such as Covered Employee-requested sick leave, time off, shift trades, or additional shifts.

(3) A Covered Employee who is a victim of domestic or sexual violence or who has a family or household member who is a victim may request that his or her schedule not be posted or transmitted to other Covered Employees and that the schedule be submitted only to him or her in the method of delivery determined by the Covered Employee make the request to ensure his or her privacy arid safety. An oral request shall be sufficient and implemented immediately. An Employer may request a written statement from the Covered Employee that states that he or she is a victim or has a family or household member who is a victim. The statement shall satisfy any documentation or evidence needed for the Employer to implement the request. The Employer may not require a written statement more than once in a calendar year from any Covered Employee for this purpose. The Covered Employee shall have up to four weeks to submit the written statement. Compliance with this Subsection (b)(3) shall not in any manner abrogate the Employer's duty to comply with any part of this Chapter.

1-25-050 Notice, Right to Decline, and Compensation for Schedule Changes

(a) . Subject to the. exceptions in Subsection (d) of this section, a Covered Employee
has the right to decline any previously unscheduled hours that the Employer adds to the
Covered Employee's schedule, and for.which the Covered Employee has been.provided
advance notice of less than;10 days before the first day of any new schedule from April 1, 2020,
to March 31, 2022, and less than 14 days before-the first day of any new schedule beginning
April 1, 2022. ; \ •

(b) Subject to the exceptions in Subsection (d) of this section, an Employer shall
provide a Covered Employee with compensation as defined below, and in addition to
compensation for hours worked by the Covered Employee, per Shift for each previously
scheduled Shift after which the Employer makes one or more of these changes:
(1) . One hour of Predictability Pay when the
Employer:
adds hours of work.
changes the date or time of a work shift with no loss of hours.
with more than 24 hours' notice, cancels or subtracts hours from a regular or on-call shift.

(2) No less than one-Half times the Covered Employee's regular rate of pay
per hour for any scheduled hours the Covered Employee does not work because the
Employer, with less than 24 hours' notice:
(A) subtracts hours from a regular or on-call

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-shift— (B)

(c) . The employer shall amend the posted work schedule and transmit to the
covered employee in writing.

(d) Exceptions. The requirements of this section shall not apply under any of the
following circumstances: " " ' ' '' "' "'
Operation's cannot begin or continue due to threats to Employers, Covered Employees, or property, or when civil authorities recommend that work not begin or continue;
Operations cannot begin or continue because.public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities or sewer system;
Operations cannot begin or continue due to: acts of nature (including but not limited to flood, fire, explosion, earthquake, tidal wave, drought), war, civil unrest, strikes, pandemics, or other cause not within the Employer's control;
A schedule change is the result of a mutually agreed upon: shift trade or coverage arrangement between Covered Employees, subject to any existing Employer policy regarding required conditions for Covered Employees to exchange shifts;
Changing a previously scheduled shift provided the shift is mutually agreed upon in writing by the Covered Employee and Employer. The Employer shall transmit electronically the changed work schedujefin writing ih the manner preferred by the Covered Employee including, but not limited to, email, text, or Facebbok messaging as used by the Employer. The Employer shall ask the Covered Employee of his or her preferred manner of electronic transmission of the work prior to the day the work schedule is changed. If the Employer does not have access to the preferred mode of electronic transmission, the Covered Employee's second choice of preferred transmission shall be used.
A" Covered'Employee requests a shift change in writing, including but not limited to use of sick leave, vacation leave, or other policies offered by the Employer.
An Employer subtracts hours from a Covered Employee's work schedule for disciplinary reasons for just cause, provided the Employer documents the incident leading tb the Covered Employee's discipline in writing.
Additional hours thai the Covered' Employee volunteers to work in response to a written group communication, in writing from the" Employer, about the availability of additional hours, provided that the group communication:

is drily used for additional hours that are the result of another Covered
' Employee being unable to work scheduled hours" and :
states that accepting such hours is voluntary and the Covered


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Employee has the right to decline such hours.
Additional hours that an Employer requests Covered Employees who are currently working, through a written or in-person group communication, to work in order to address present and unanticipated customer needs, provided that

the hours are consecutive to the hours the Covered Employee is currently working, and
accepting such hours is voluntary and the Covered Employee has the
right to decline such hours.1 ¦ '
A hotel banquet event is .scheduled due to circumstances that are outside the Employer's control, the attendee counts increase by more than 20%,.or a "pop-up event" is scheduled after the Employer.provides the Posted Work Schedule. For the purposes of-this subsection, a "pop-up event" means a new hotel banquet event
" ' scheduled within 48 hours of the event occurring.
(e) Nothing in this section shall be construed to prohibit an Employer from providing
greater advance notice of a Covered Employee's Work Schedules and/or changes in schedules
than that required by this section. , ; ,

1-25-060 Offer of Additional Work Hours to Existing Employees
Subject to the limitations herein, before hiring new Covered Employees or „ , contract Employees, including hiring through the use of temporary services or staffing agencies, an Employer shall first offer additional hours of work to existing Covered Employee(s) if the Covered Employee(s) are qualified to dp the additional work, as reasonably and in good faith determined by the Employer. .
Ah Employer shall distribute shifts, in accordance with the criteria contained in the notice required by this section, provided that:
(1) the Employer's system for distribution of hours must not discriminate on
the basis of race, color, creed, religion, ancestry, national origin, sex, sexual orientation,
gender identity or expression, disability, age, marital or familial status, nor on the basis of
family caregiving responsibilities or status as a student;' ,
(2) ', the Employer may not distribute hours in a manner intended to avoid
application ofthe Patient Protection and Affordable Care Act, 42 U.S.C. § 18001;
(3) an Employer shall distribute shifts to Covered Employees whose regular
workplace is the location where the shifts described in the notice will be worked; and to
Covered Employees whose regular workplace is a covered location other than the
location where such shifts will be worked. If no such Covered Employee accepts the
shifts within the time defined in this Section, and it is regular practice ofthe ]
Employer to schedule Covered Employees across multiple locations, to Covered
Employees whose regular workplace is a covered location other than the location
where such shifts will be worked. If not a regular practice, offering additional
shifts to Covered Employees at a different location shall be at the option of the


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-Employer-lf-no such Covered-Employee accepts the shifts described in the'notice'
within the time defined in this section, hours may be offered to temporary or seasonal workers who have been continuously assigned for at least two weeks to the location where the shift described in the notice will be worked.
i.' ¦ ' •¦
A Covered Employee may, but is not required to, accept the Employer's offer of additional work under this section. A Covered Employee who wishes to accept the additional hours must do so in writing.
When this section requires an Employer to offer additional hours to existing Covered Employees, the Employer shall post written notice of available work shifts for no less than 24 hours before" the work to be timely performed. The Employer shall make the offer by posting the offer in.a conspicuous location, in the'workplace where .notices to Employee's are customarily posted, and must also make the offer through group communication. Employers may also post the notice electronically on an internal website in a conspicuous location and which website is readily accessible to all Covered Employees. The notice shall include the total hours of work being offered, the schedule of available shifts, whether those shifts will occur at the same time each week, and the length of time the Employer anticipates requiring coverage of the additional hburs, the process by which Covered Employees may notify the Employer of their desire to work the offered hours, an advisement that a Covered Employee may accept a Subset' of the shifts offered, and the criteria the Employer will use for the distribution of the shifts. The Employer may post the notice concurrently at the location where the shifts described.in the ;. notice will be worked, locations other than the location where the work is to be performed, and to external candidates.
The Employer shall retain each written offer no less .than three years as required under this Chapter.'

(f j! f he' Employer' may ffirfe individuals from an. external' applicant pool or subcontractors to perform the work described in, and in accordance with the criteria set forth' in, the notice posted pursuant to this section if the Employer provides notice of available work shifts to all Covered Employee's and: '"'

.' (i) no Covered Employee responds to the written notice of available work shifts by the end of the 24-hour three day posting period:
' (2): the Employer receives written confirmation from eligible Covered * Employees that they are not interested in accepting the available work shifts; or
(3) ' .existing Covered Employees have accepted.a subset of the offered work shifts, in which case the existing Covered Employees must be awarded that subset of work shifts.

(g) This Section-shall not be construed to require any Employerto offer Covered
Employees work hours paid at a premiurh rate as required by Jaw nor to prohibit any'Employer
'from offering such work hours. ^ ]

(ti)- An Employer shajl_a'istrjb.ute^hi
workplace is thejocatipn -whete the shifts' describ/ed in the notice'will be wojrked; or, if no such Covered Employee accepts theshifts within the time defined in this'Section, and it is regular

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practice of the Employer to schedule Covered Employees across multiple locations, to Covered Employees whose regular workplace is a covered location other than the location where such shifts will be worked. If not a regular practice, offering additional shifts to Covered Employees at a different location shall be at the option of the Employer.


1-25-070 Right to Rest
(a) A Covered Employee has the right to decline work hours that occur during the 10 hours that are scheduled or otherwise occur: (1) less than 10 hours after the end ofthe previous day's shift, or (2) during the 10 hours following the end of a shift that spanned two days. A Covered Employee who agrees to work hours described in this section, but has not consented . in writing, shall be compensated one-and-a-half times the Covered Employee's regular rate of pay for any hours worked less than 10 hours following the end of a previous shift.



1-25-080 Right to Request a Flexible Working Arrangement ¦ ¦, . •
't ¦
A Covered Employee has the right to.request a modified work schedule, including but not
limited to additional shifts or hours; changes in days of work or start and/or end times for the
shift; permission to exchange Shifts with other Covered Employees; limitations on availability;
part-time employment; job sharing arrangements; reduction or change in work duties; or
part-year employment. An Employer shall not retaliate against a Covered Employee for
exercising his or her rights under/this Section. All responses to requests shall be-made in writing
by the Employer. :. . ' . ¦ ? •

1-25-090 Notice and Posting
The Department shall publish and make available to Employers, in English and other languages as provided in any implementing regulations, a notice suitable for posting by Employers in the workplace informing Covered Employees of their rights under this Chapter.
Each Employer shall give written riotificatioh to each current Covered Employee and to each new Covered Employee at time of hire, of his or her rights under this Chapter. The notification shall be in English and other languages as provided in any implementing regulations, and shall also be posted prominently in areas 'at the work site where it will be seen-' ' by all Covered Employees. Every Employer shall also provide each Covered Employee at the time of hire with the Employer's name, address, and telephone number in writing. Failure to post such notice shall render the Employer subject to administrative'citation, pursuant to the provisions of this Chapter. The Department is authorized to prepare sample notice's and Employer use of such notices shall constitute compliance with this subsection.


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(c) All notices and postings that name individual Covered Employees shall comply with Section 1-25-05Q(b)(3).
< • • •. •. ¦ '.
1-25-100 Implementation, Authority and Investigation
Rules. The City shall coordinate implementation and enforcement'Of this Chapter and shall promulgate appropriate rules for such purposes. The rules may establish procedures for ensuring fair, efficient and cost-effective'implementation of this Chapter, including supplementary procedures for helping to inform Employees of their rights under this Chapter, for monitoring Employer compliance With this Chapter, and for providing administrative hearings "to determine whether an Employer has violated the: requirements of this Chapter.
Reporting Violations. An aggrieved Employee may report to the Department, in writing any suspected violation of this Chapter. The Department shall keep confidential, to the maximum extent permitted by applicable laws, the name and other identifying information ofthe Employee reporting the violation. Provided,-however, that with the authorization of such - ,>' -Employee, the, Department may disclose his or her name and identifying information as necessary, to enforce this .Ghapter;or other Employee, protection laws: An :EmployeeTOay:report• A to the-City that his or her Employer has committed any violation of this: Chapter and may file a; -complaint with the City within three years of the,violation. Where such,violation is continuing, the-complaint -must; be filed within^three years of the last occurrenceof the alleged, violation. ¦.

,. 'j. (c) Investigation. The City may investigate any possible violations of this Chapter v C> by an Employer. The Department shall have the authority to inspect workplaces, interview persons, and subpoena records or other items relevant to the enforcement of this Chapter. All complaints filed with the City shall be investigated, unless the complaint is not.timely; the City-1 lacks jurisdiction over the complaint, or if the complaint does not state facts that, if true, would constitute a violation of this Chapter,., ',

<(d)_ , Informal Resolution. If the. Department investigates a complaint, the . -Department shall make every effort to resolve complaints informally and in a timely manner. The Department's investigation and pursuit of informal resolution does not limit or act as a prerequisite for an Employee's right to. bring a private, action against an Employer as provided in this Chapter.
(e) Enforcement. Where compliance with the provisions pfthis Chapter is not
forthcoming, the Department may, by and through the Commissioner take any appropriate : .,
enforcement action to ensure compliance, including but not limited to the following: , ,

:(1) Ineligibility^for City. Transactions. The City may pursue any remedy
—r-available-tOrit-under-Seeti0n-2-92-320: : -= — ¦¦
(2) Administrative Fine. The City may issue an administrative citation to the


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Employer for violations of this Chapter.
An Employer who retaliates against an Employee for exercising rights protected under this Chapter shall be fined $1,000 for each Covered Employee retaliated against.'
A fine of $300.00 for each Covered Employee affected in each pay period may be assessed for any of the following violations of this Chapter:

Failure to provide notice of Employee rights under this Chapter.
Failure to timely provide an initial work schedule or to timely update work schedules following changes.
Failure to provide required and appropriate Predictability Pay for schedule changes.
Failure to offer additional work hours to existing Employees before hiring new Employees or temporary staff or to award work to a qualified Covered Employee.
. Failure to comply with those provisions regarding Right to Rest.
Failure to comply with those provisions regarding Employer's duty to respond to Covered Employees under the section regarding Right to Request.
Failure to.comply with those provisions regarding Notice and Posting.
Failure to maintain payroll records for the minimum period of time as provided in this Chapter.
Failure to allow the City access to payroll records. (10) Failure to provide a good faith estimate of work schedule at the time of hire. A Employee whose rights under this Chapter.have been violated by an Employer may recover in a civil action any and all penalties and remedies'provided for in this Chapter. Such action shall be brought within three years from the date of the violation. Where such violation is continuing, the action must be brought within three years ofthe last occurrence of the alleged violation.

Any agreement between the Employee and Employer that would violate this Chapter is np defense to any administrative or civil action.

(f) The civil fines specified in this section may be recovered through a civil action brought by an Employee on behalf of himself or herself and other current or former Employees pursuant to the following procedures:

(1) The Employee shall give written notice to the Department of the specific provisions of this Chapter alleged to have been violated, including the facts and theories to support the alleged violation.


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The Department shall notify the Employee by certified mail that it does not intend to investigate the alleged violation within 60 calendar days of the postmark date of the notice received pursuant to subsection (f)(i). Upon receipt of that notice or if no notice is provided within 65 calendar days of the postmark date of the notice, the aggrieved Employee may. commence a civil action under this subsection.
.If the Department intends to investigate the alleged, violation, it shall notify the Employee or representative by certified mail of its decision within 65 calendar days ofthe postmark date ofthe notice pursuant to Subsection (f)(1). Within 120 calendar days of that decision, the Department may investigate the alleged violation and issue any appropriate citation. If the Department, during the course of its investigation, determines that additional time is necessary to complete the investigation, it may extend the time by not more than 60 additional calendar, days and shall issue a notice of the extension. If the Department determines that no citation will be issued, it shall notify the Employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the Department within the time limits prescribed by this subsection, or if the Department fails td provide timely or any notification, the;Employee may commence a civil action-.- v ¦ '¦
No action may be brought under this subsection by an aggrieved Employee if the Department, on the same facts and theories, cites a person within the
, timeframes set forth in subsection (f)(3) for a violation of the same section or sections of this Chapter under which the Employee is attempting to recover a civil penalty on behalf of himself or herself or others. '
Any Employee who prevails in any action under this Subsection (f) shall be entitled to an award of reasonable attorney's fees and costs.
Civil penalties recovered by pursuant to this Subsection '(f)_shall be distributed as follows: 70 percent to the Department for enforcement of this Chapter, and for education of Employers and Employees about their rights and responsibilities under this Chapter, to be continuously appropriated to supplement and not supplant the funding to the Department for those purposes, and to support community-based enforcement partnerships; and 30 percent to the aggrieved Employees.

1-25-110 Remedies.
i i

(a) The remedies for violation of this Chapter include but are not limited to:

(1) The payment of Predictability Pay unlawfully withheld, and the payment of an additional sum as a civil penalty in the amount of $300.00 to each Covered Employee whose


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rights under this Chapter were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this Chapter or state law.
Reimbursement of the City's administrative costs of enforcement and reasonable attorney's fees. u
If a repeated violation of this Chapter has been finally determined in the following year, the City may require the Employer to pay an additional sum as a civil penalty in the amount of $300.00 to the City for each Covered Employee or person whose rights under this Chapter were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this Chapter or state law.

The remedies, fines, and procedures provided under this Chapter are cumulative arid are not intended to be exclusive of any other available remedies, penalties and procedures established by law which may be pursued to address'violations of this Chapter. Actions taken pursuant to this Chapter shall not prejudice or adversely affect any other action, administrative or judicial, that may be brought to abate a violation or to seek compensation for damages suffered. The Employee may also recover any damages incurred, punitive damages, injunctive relief as may be appropriate, and costs and reasonable attorney's fees as may be allowed by the City or the court and as necessary to make the Employee whole. Any sums recovered by the City on behalf of an Employee under this Chapter shall be paid to the Employee or : Employees affected.
No criminal penalties shall attach for any violation of this Chapter, nor shall this Chapter give rise to any cause of action for damages against the City.
Retaliation Barred. An Employer shall not discharge, reduce the compensation of, discriminate against, or take any adverse employment action against an Employee, including discipline, suspension, transfer or assignment to a lesser position in terms of job classification, job security, or other condition of employment, reduction or hours or denial of additional hours, informing another Employer that the person has engaged in activities protected by this Chapter or rules promulgated thereunder, or reporting or threatening to report the actual or suspected citizenship or immigration status of an Employee, former Employee or family member of an Employee to a federal, state or local agency, for making a complaint to the City, participating in any of the City's proceedings, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights Under this Chapter. It shall be unlawful for the Employer to discharge any Employee who has initiated "a complaint unless the Employer has clear and convincing evidence of just cause for such discharge. An Employer shall not use its absence-coritrol policy, scheduling policy, or any other policy ofthe Employer to count any request for or refusal of a change in schedule as an absence or other reason that triggers discipline, discharge, demotion, suspension, punitive schedule changes, decreases in the desirability of work assignments, and ; other acts of harassment or any other adverse activity. .

It shall be unlawful for an Employer to interfere with, restrain, deny, change work days or hours


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scheduled, or hire, rehire, terminate, or suspend, even temporarily, an Employee to avoid
coverage under this. Chapter. . .
Retention of Records. Each Employer shall maintain for at least three years, or for the duration of any claim', civil action, Or investigation pending pursuant to this Chapter, whichever is longer, for each Employee a record of his or her name, hours worked, pay rate, and records necessary to demonstrate compliance with this Chapter, including but riot limited to good faith estimates of work schedules, initial posted schedule and all subsequent changes to that schedule, consent to work hours where sucb consent is required by this Chapter, and " documentation of offers of hours of work to existing staff and responses to such offer's. Each Employer shall provide'each Employee a copy ofthe records relating to such Employee upon the Employees reasonable request.
City Access. Each Employer shall permit access to work sites and relevant records for
authorized City representatives for the purpose of monitoring compliance witlrthjs Chapter and
investigating Employee complaints of noncompliance, including production for inspection and
copying of its Employment records, but without allowing Social Security numbers to become a ,
matter of public record • ,y

1-25-120 - No Preemption of Higher Standards

The purpose of this Chapter is to ensure minimum labor standards. This Chapter does not preempt or prevent the establishment of. superior employment standards (including higher wages) or the expansion of coverage by.law, ordinance, resolution, contract, or any other action ofthe City or the State of Illinois. No part of this Chapter shall be construed to limit a discharged Employee's right to bring a common law. cause of action for wrongful termination or to.seek any other available remedy at law or otherwise. Nothing in this Chapter shall.be construed to interfere with any private right of action. Any claim or action filed under this Chapter must be made within three, (3) years of the alleged conduct resulting in the complaint.


SECTION 2. Severability

If any provision or application of this Chapter is declared illegal, invalid or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining provisions and portions thereof and applications not declared illegal, invalid or inoperative, shall remajn in full force or effect. Nothing herein may be construed to impair any contractual obligations of the City.


SECTION 3. Following due passage and publication, this ordinance shall be in full force and effect after April 1, 2020.





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Susan Sadlowski-Garza


Alderwoman, 10th Ward

Michael D Rodriguez Alderman, 22nd Ward