The Chicago Fair Workweek Ordinance requires covered employers in seven industries to give workers their schedules at least 14 days in advance, pay a premium when they change those schedules late, let workers refuse shifts that start less than 10 hours after the last one ended, and offer extra hours to existing staff before hiring anyone new. It lives in Chapter 6-110 of the Municipal Code and is enforced by the city’s Office of Labor Standards.
Who the Ordinance Covers
The law reaches employers primarily engaged in one of seven industries: building services, healthcare, hotels, manufacturing, restaurants, retail, and warehouse services. Outside restaurants, an employer must have at least 100 employees globally, with at least 50 who qualify as covered employees. Not-for-profits must employ at least 250 people globally, again with 50 covered.1City of Chicago 311. Fair Workweek Knowledge
Restaurants have a different threshold. A restaurant employer must run at least 30 locations and employ at least 250 workers globally before the ordinance applies, which keeps smaller chains and independent restaurants outside its reach.2City of Chicago. Fair Workweek
On the employee side, you’re covered if you work within city limits, work in one of the seven industries, and earn no more than $32.60 per hour or $62,561.90 per year.2City of Chicago. Fair Workweek Those dollar figures adjust each year with the Consumer Price Index. Earn above the cap and the ordinance does not protect you, even if your employer otherwise qualifies.
Advance Notice and the Good-Faith Estimate
Before you start the job, your employer must give you a written good-faith estimate of your expected schedule. That estimate has to name the days of the week you can expect to work, the start and end times for each of those days, and the average weekly hours. Listing every possible shift the employer staffs is not an estimate.3City of Chicago. Fair Workweek FAQ You can ask to modify it, but the employer decides whether to grant the request and must put its answer in writing.
Once you’re working, your employer must post or transmit each new schedule at least 14 days before it starts. Changes have to come through the same channel as the original schedule. If your employer adds hours after that 14-day notice goes out, you can turn them down, and the refusal cannot be held against you.
Predictability Pay When the Schedule Changes
Changes inside the 14-day window trigger extra compensation called predictability pay. What you’re owed depends on the change:
- If your employer adds hours or shifts the start or end time of a shift, you get one additional hour of pay at your regular rate for each affected shift. This applies even when your total hours don’t change.
- If your employer cuts hours or cancels a shift, you get 50 percent of your regular rate for each hour you lost. A canceled six-hour shift means three hours’ worth of pay for time you didn’t work.
Predictability pay runs through your normal paycheck rather than as a separate payment.
When Predictability Pay Is Not Owed
Not every change triggers the premium. You won’t receive predictability pay when the change comes from a shift trade you arranged with a coworker, or when you and your employer agree to the change in writing. Natural disasters, war, civil unrest, strikes, threats to public safety, and pandemics also excuse the employer. Healthcare employers get additional exceptions covering declared disasters, procedures that require specialized skills through completion, and surges tied to large public events or severe weather.
Right to Rest Between Shifts
You can decline any shift that begins less than 10 hours after your last shift ended. The provision targets clopening shifts, where the same worker closes late and opens early the next morning. Turning down that short-turnaround shift cannot lead to discipline or retaliation.4Municipal Code of Chicago. Chicago Municipal Code 6-110-070 – Right to Rest
If you agree to work with less than 10 hours between shifts, your employer must pay you 1.25 times your regular rate for the entire shift, not just the hours inside the 10-hour rest window.4Municipal Code of Chicago. Chicago Municipal Code 6-110-070 – Right to Rest
First Shot at Extra Hours
Before hiring new workers or bringing in temps through a staffing agency, your employer must first offer additional hours to existing covered employees who are qualified for the work. The offer goes up in a conspicuous location at the workplace or through whatever electronic channel the employer normally uses to reach staff.5Municipal Code of Chicago. Chicago Municipal Code 6-110-060 – Offer of Additional Work Hours to Existing Employees Only after current staff decline or lack the qualifications can the employer look outside. The rule matters most for part-timers who keep getting passed over while a company brings on more part-timers.
Union Contracts Can Waive the Rules
A collective bargaining agreement can waive the ordinance’s requirements, but only if the waiver is spelled out in clear and unambiguous language. A generic clause about management scheduling rights isn’t enough. If your union negotiated different scheduling terms and the waiver is explicit, those contract terms control instead of the ordinance. Check with your local representative if you’re not sure.
Retaliation and How to File a Complaint
Your employer cannot punish you for using these rights. That includes firing, cutting hours, punitive schedule changes, or threats of any of those actions in response to declining a short-rest shift, refusing added hours, or filing a complaint. Retaliation carries a $1,000 fine per offense, well above the $300 to $500 range for other scheduling violations.
To file, call 311, use the CHI 311 app, or complete the complaint form on the city’s website.2City of Chicago. Fair Workweek The Office of Labor Standards investigates by pulling payroll records, scheduling documentation, and other evidence. Employers must keep those records for at least three years, so the paper trail should exist. Each affected employee counts as a separate offense, and each day a violation continues counts as another, so penalties add up quickly.6Municipal Code of Chicago. Chicago Municipal Code 6-110-130 – Violation – Penalty Section 6-110-140 also gives you a private right of action, so a civil lawsuit is available as an alternative to the administrative process. Investigations can run several months, so keep your own copies of schedules, texts, and pay stubs as things happen.