The Chicago Fair Workweek Ordinance requires employers in seven low-wage industries to give covered workers their schedules at least 14 days in advance, pay extra when those schedules change late, and offer open hours to existing staff before hiring new people. It applies to building services, healthcare, hotels, manufacturing, restaurants, retail, and warehouse services, and it is enforced by the city’s Office of Labor Standards.
Who the Ordinance Covers
Coverage depends on the employer, the industry, and your pay. For most of the seven industries, an employer must have at least 100 employees globally, with at least 50 of them qualifying as covered employees. Not-for-profits need at least 250 employees globally, again with 50 covered.1City of Chicago 311. Fair Workweek Knowledge Restaurants have a different threshold: at least 30 locations and at least 250 workers globally.2City of Chicago. Fair Workweek Smaller chains and independents sit outside the law.
On your side, you’re covered if you work inside 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 figures adjust each year with the Consumer Price Index. Earn above them and the ordinance doesn’t protect you, even if your employer otherwise qualifies.
14 Days of Advance Notice
Before you start the job, your employer owes you a good-faith written estimate of your expected schedule. It must say which days you can expect to work, the start and end times for those days, and the average weekly hours. A list of every shift the employer staffs doesn’t count.3City of Chicago. Fair Workweek FAQ You can ask to change the estimate, but the employer decides and must document the decision in writing.
Once you’re working, your employer must post or transmit each new schedule at least 14 days before it starts. Updates have to come through the same channel as the original. If hours are added after the 14-day notice goes out, you can decline them and that refusal cannot be held against you.
Predictability Pay When the Schedule Changes
If your employer changes your schedule inside the 14-day window, you’re owed extra pay called predictability pay. What you get depends on what changed:
- If hours are added to a shift or the start or end time moves, you’re owed one additional hour of pay at your regular rate for each affected shift, even if your total hours stay the same.
- If hours are reduced or a shift is canceled, you’re owed 50 percent of your regular rate for each hour lost. A canceled six-hour shift means three hours’ worth of pay for time you didn’t work.
Predictability pay goes through your normal paycheck, not as a separate payment.
Some changes don’t trigger the premium. Shift trades you arranged with a coworker, changes you and your employer agreed to in writing, and events like natural disasters, strikes, pandemics, and threats to public safety are all exceptions. Healthcare employers have additional carve-outs tied to patient care and surges in demand.
Right to Rest Between Shifts
You have the right to turn down any shift that starts less than 10 hours after your previous shift ended, with no discipline or retaliation.4Municipal Code of Chicago. Chicago Municipal Code 6-110-070 – Right to Rest This is the rule aimed at “clopening” shifts, where you close a business late and open it early the next morning.
If you agree to work on less than 10 hours of rest, your employer must pay you 1.25 times your regular hourly rate for the entire shift, not just the hours falling inside the rest window.4Municipal Code of Chicago. Chicago Municipal Code 6-110-070 – Right to Rest
Extra Hours Go to Current Staff First
Before hiring new workers or using a staffing agency, your employer must offer the additional hours to existing covered employees who are qualified to do the work. The offer has to be posted somewhere conspicuous at the workplace or sent through whatever electronic channel the employer normally uses.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 if you’re part-time and want more hours while your employer keeps bringing in new part-timers.
Retaliation Is Prohibited
Your employer cannot retaliate against you for using any of these rights, whether that means declining a short-rest shift, refusing late-added hours, or filing a complaint. Retaliation includes firing, cutting hours, punitive schedule changes, or threatening any of those. The city can impose a $1,000 fine per retaliation offense, higher than the standard $300 to $500 range for other scheduling violations.
Filing a Complaint
If your employer breaks the rules, you can file with the Chicago Office of Labor Standards by calling 311, using the CHI 311 app, or submitting the complaint form on the city’s website.2City of Chicago. Fair Workweek Investigators will review payroll and scheduling records along with any other evidence.
Fines run $300 to $500 per offense. Each affected employee counts as a separate offense, and each day a violation continues counts as another, so penalties grow 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, meaning you can sue in civil court instead of relying only on the administrative complaint. OLS resolution can take several months, so document schedule postings, changes, and messages as they happen rather than reconstructing them later.
If You’re in a Union
A collective bargaining agreement can waive the ordinance, but only when the waiver is spelled out in clear and unambiguous language; a general reference to management’s scheduling rights is not enough. If you’re a union member, check with your local representative to see whether your contract waives any of these protections.