Illinois Fair Scheduling Act: Notice, Extra Pay, and Rest Rules

Illinois has no statewide fair scheduling act. Instead, two cities regulate how hourly workers get scheduled: Chicago’s Fair Workweek Ordinance, which took effect July 1, 2020, and Evanston’s Fair Workweek Ordinance (24-O-23). Both require covered employers to post schedules 14 days in advance, pay a premium when they change those schedules late, and respect minimum rest between shifts.1City of Chicago. Fair Workweek2City of Evanston. Fair Workweek If you work outside those two cities, these protections do not reach you.

Does the Ordinance Cover Your Job

Coverage depends on three things: your employer’s size, your industry, and your pay.

In Chicago, the employer must have at least 100 employees globally and operate in one of seven industries: building services, healthcare, hotels, manufacturing, restaurants, retail, or warehouse services. Restaurants face a higher bar of 250 employees and 30 locations globally.1City of Chicago. Fair Workweek The headcount sweeps in franchise and affiliate workers, so a store that looks small on the corner can still be covered.

Evanston uses the same 100-employee threshold but a different industry list: hospitality, retail, warehouse services, manufacturing, and building services. Restaurants in Evanston are covered at 200 employees and 30 locations.2City of Evanston. Fair Workweek

Even at a covered employer, you personally qualify only if you work in a covered industry and earn no more than $32.60 per hour or $62,561.90 per year in Chicago.1City of Chicago. Fair Workweek Salaried managers and corporate office workers are not covered. The ordinances target the hourly workforce: line cooks, cashiers, warehouse pickers, housekeepers, and similar roles. Coverage follows where you work, not where your employer is headquartered.

How Much Advance Notice You’re Owed

Your employer must give you a written schedule at least 14 days before the first day of the schedule period. This applies in both Chicago and Evanston.1City of Chicago. Fair Workweek2City of Evanston. Fair Workweek The schedule can be posted somewhere visible at work or sent through email or a scheduling app, as long as every affected worker can actually see it.

A verbal heads-up from a manager doesn’t count. A schedule posted 10 days ahead doesn’t count. It has to be in writing, and it has to be out at least two weeks before the first shift.

When a Late Change Means Extra Pay

Once that 14-day window closes, changes cost the employer money.

In Chicago, if your employer changes your schedule after the deadline (adds hours, moves a shift, changes the location), you’re entitled to one hour of predictability pay at your regular rate for each change.1City of Chicago. Fair Workweek Changes of 15 minutes or less don’t trigger the pay.

Cancellations hit harder. If your employer cancels your shift or cuts your hours within 24 hours of the shift’s start time, you’re entitled to half the pay you would have earned for the lost hours. The logic is simple: a cancellation the night before leaves you no realistic chance to find other work. So a change made eight days before a shift costs the employer one hour of pay, while a cancellation the night before costs half the full shift.

Evanston works the same way. When a covered employer changes or cancels a shift with less than 14 days’ notice, you get predictability pay at your regular rate.2City of Evanston. Fair Workweek

Changes That Don’t Trigger Extra Pay

Not every schedule change pays out. Under Chicago’s 2026 rules, your employer does not owe predictability pay when:

  • You initiate the change yourself in writing, whether that’s adding, subtracting, or shifting hours.
  • You and a coworker swap or cover shifts by mutual agreement, documented in writing.
  • You take paid leave, paid sick leave, vacation, or other employer-offered leave.

Each of these exceptions requires written documentation.3City of Chicago. Fair Workweek Rules – Summary of Changes 2026 Evanston also carves out extenuating circumstances like natural disasters, utility failures, and civil unrest.2City of Evanston. Fair Workweek

Right to Rest Between Shifts

In Chicago, you can decline any shift that starts less than 10 hours after your previous shift ended, and your employer can’t retaliate for that refusal.1City of Chicago. Fair Workweek This is aimed at the “clopening” pattern: close at 11 p.m., open at 6 a.m., sleep somewhere in between.

If you agree to work inside that 10-hour window anyway, your employer must pay 1.25 times your regular rate for those hours. If the hours already qualify for overtime, the overtime rate applies instead.

Evanston’s rest requirement is 11 hours between shifts rather than 10, and workers who agree to clopening shifts also get additional pay.2City of Evanston. Fair Workweek

First Shot at Extra Hours

Before bringing in new hires or temps, a covered Chicago employer must offer additional available shifts to existing covered employees qualified to do the work. Where practical, part-time covered employees get the first offer. The employer picks who is qualified, but can’t discriminate on race, sex, age, disability, or other protected characteristics.4American Legal Publishing. Chicago Municipal Code 6-110-060 – Offer of Additional Work Hours to Existing Employees

If no current employees take the hours, the shifts go next to temporary or seasonal workers who have been with the employer at least two weeks. Only then can the employer hire externally.4American Legal Publishing. Chicago Municipal Code 6-110-060 – Offer of Additional Work Hours to Existing Employees One limit: the employer isn’t required to schedule anyone into hours that would trigger premium pay, like overtime. Evanston has the same requirement to offer additional hours to existing employees before hiring new part-time workers.2City of Evanston. Fair Workweek

If You’re Covered by a Union Contract

Evanston’s ordinance expressly allows a collective bargaining agreement to waive the ordinance’s protections, either in full or just the predictability pay piece, so long as the waiver language is clear and unambiguous.2City of Evanston. Fair Workweek Chicago’s publicly available materials reference CBAs in the leave and scheduling context but are less explicit on waiver. If you’re in a union, read your contract to see whether the ordinance applies fully, partially, or not at all.

If You Work Outside Chicago or Evanston

No other Illinois city has a comparable ordinance, and the state legislature has not passed one. Statewide proposals have been discussed, but as of 2026 none have been enacted. If your job sits outside Chicago or Evanston, the advance notice, predictability pay, and rest protections above do not apply to you, even if your employer operates in one of the covered industries.

Filing a Complaint Without Getting Fired

Both ordinances prohibit retaliation against workers who use their fair scheduling rights. In Chicago, retaliation for filing a complaint with the Office of Labor Standards is specifically prohibited.1City of Chicago. Fair Workweek Your employer can’t fire you, cut your hours, or discipline you for reporting a violation.

To file in Chicago, call 311, use the CHI 311 app, or submit a complaint through the city’s website. The Office of Labor Standards handles the case; the office can also be reached at (312) 744-2211.1City of Chicago. Fair Workweek Employers found in violation can face fines for each offense, and each day a violation continues can count as a separate offense.

Before you file, keep records: the posted schedule, texts or app notifications about changes, and your actual hours worked. Those documents are what turn a complaint into a provable case.