The fair workweek ordinance helps employees to find stability in regular and predictable work schedules. When work schedules are not predictable the employee is compensated. These four facts help to illustrate the power of the Fair Workweek Ordinance in Chicago, IL.
1. Not every employee is covered by the Fair Workweek Ordinance
You will need to meet income criteria and be in one of the following industries.
- Building Services
- Healthcare
- Hotels
- Manufacturing
- Restaurants
- Retail
- Warehouse
If you are in one of the above industries, the employee must meet the following income criteria: $26 per hour or less or who earns $50,000 or less per year.
2. Employers Must Give Advanced Notice for Schedule Changes
The Fair Workweek Ordinance defines the rules that employers must follow. These include notification of any schedule change that occurs at least 10 days before the shift. Failure to provide 10 days’ notice for schedule changes results in 1-hour of paid time for each occurrence.
3. Employees Have the Right to Refuse Previously Unscheduled Hours
The ordinance is clear that employees are not required to work shifts that are not already scheduled and part of their regular and predictable schedule.
Part of what the ordinance does is it puts the onus on employers to manage their labor pools and schedules responsibly. It also acknowledges that employees may have responsibilities that can not be set aside due to changes in work schedules.
An example would be providing care to a loved one or a child when unpredictable schedule changes make finding replacement care for that person difficult. The new ordinance allows you to simply say no.
4. The Right to Rest clause Allows Employees to Refuse Work Under A few Conditions
If your prior shift ended less than ten hours before the new shift starts, you can refuse the shift. For example, if you work a swing shift and your employer wants you to work a day shift after working a swing shift you can decline.
The Fair Workweek ordinance removes many of the sweat-shop attributes from industries that are often busy and require workers around the clock. It is an ordinance designed to protect workers from abusive employers who take advantage of employees to fulfill labor needs.
If you are an employee in one of the above industries and your employer has more than 100 employees, you are likely covered by the Fair Workweek Ordinance. We can help you understand your status under the ordinance and your rights under employment law.
Contact Goldman & Ehrlich Today For More Information About The Fair Work Week
The Fair Workweek went into effect in 2020. If you believe you have a work situation where an employer is not following the rules of the Fair Workweek Ordinance, then contact our employment lawyer. We stand up for employee rights and protect employees from retaliation and discrimination in the workplace. Call Goldman & Ehrlich today to discuss your case.