Chicago fair workweek rules: do they cover your restaurant?

Chicago's Fair Workweek Ordinance requires covered employers to give employees their schedules in advance and to pay extra when a shift is changed late. It is aimed at large employers, and for restaurants the test is narrower still, so an independent restaurant is usually outside it. The exact size tests, the notice period and the amount of extra pay are set by the City, and summaries disagree on the details, so this guide does not quote them. It explains how to work out whether your restaurant is covered, who to ask, and how to run stable schedules whether or not the ordinance applies.

What does the ordinance require?

A covered employer has to give employees their schedules a set number of days ahead. Changes made inside that window trigger extra pay for the employee. The ordinance also includes rules on offering extra hours to existing employees before hiring and on rest between shifts. Read the City's current notice and the Municipal Code for the details, and ask the City's Office of Labor Standards if the wording is unclear, because the exact days and amounts are what an inspector will hold you to.

Which employers are covered?

The ordinance applies to employers above certain size tests, counted by total employees and by employees in Chicago, who work primarily in covered industries. Restaurants are among the covered industries, but the rules for restaurants are narrower than the general rule. Nonprofits are counted differently. Because the numbers are specific and have been summarized in different ways, take them from the Municipal Code or the City, not from a law firm blog.

What is the restaurant test?

In general, a restaurant is covered only if it is part of a large chain, measured by employees and by locations. If you run one restaurant or a few, the ordinance almost certainly does not apply to you. If you are a growing group, count your employees and locations each year and ask an attorney or the Office of Labor Standards whether you have crossed the line, especially if you are part of a franchise system.

A worked example of a growing group

A restaurant group has four locations in Chicago. It is well below any chain-size test, so the Fair Workweek Ordinance is unlikely to cover it. Two years later, the group is part of a franchise system with dozens of locations and many more employees worldwide. Now the thresholds deserve a real check, and the owner asks an attorney or the Office of Labor Standards whether the system is covered. The group posts schedules well ahead anyway, as a good practice.

What happens if you are covered?

You must post or give schedules the required number of days ahead, pay extra for late changes, offer additional shifts to existing employees first, respect rest between shifts and keep records. Employees can file complaints with the City, and the City can investigate. A covered employer must also post the Fair Workweek notice with the other Chicago workplace notices.

What if you are not covered?

You can still choose to follow the practice. Employees value predictable schedules, and a posted schedule a week or two ahead reduces call-offs and turnover. Decide how much notice you can give, write it down and keep to it. A business that treats the schedule as a promise earns loyalty that is hard to buy.

How do you keep schedules stable?

1. Build the schedule from forecast sales, not from the last week.
2. Post it as early as you can, and tell staff the date it will be posted.
3. Keep a list of people who want extra shifts.
4. Make changes through one manager, and log them.
5. Pay something extra when you cancel a shift late, as a goodwill practice.

What should you check each year?

Chicago updates several labor rules from time to time. Read the City's notices, check whether your employee counts have crossed a threshold and update the posted notices.

What do employees say about predictable schedules?

Restaurant workers often juggle second jobs, school and childcare, and a schedule that arrives two days ahead makes that hard. When staff know their shifts two weeks out, they swap fewer shifts at the last minute and call off less. Some owners find that the cost of posting early is lower than the cost of replacing staff who leave because of chaotic schedules. If you cannot post two weeks ahead for every shift, post core shifts early and tell staff which shifts may change.

How do you handle swaps and call-offs?

Write a swap rule: who approves it, how much notice is needed and how it is recorded. A swap that an employee asks for is different from a change that the business imposes, and the records should show which it was. When someone calls off, record the time and reason, and use your list of people who want extra hours to find cover. Keeping these records protects you if a question arises about a change.

More guides for your business:

• Chicago paid leave and paid sick leave for restaurants
• Illinois Paid Leave for All Workers Act for restaurants outside Chicago
• Illinois tipped minimum wage: state, Cook County and Chicago

More in the US guides for food businesses.