Seyfarth Synopsis: The City of Chicago recently published a few guidance updates to the Chicago Fair Workweek Ordinance: (1) The City published its new annual Notice – effective July 1, 2023 – increasing the earnings threshold that defines a "covered" employee; and (2)issued new guidance regarding predictability pay exceptions for "mutual" schedule changes.

Refresher On The Basics Of The Fair Workweek Ordinance:

As explained in greater detail in Seyfarth's prior alert after the Ordinance passed and subsequent guidance update, the key features of the Ordinance are:

• Covered Employers ("Employers") include employers engaged in any of the covered seven industries in Chicago with 100 or more employees (private employers) and 250 employees (non-profit employers). (Additional industry-specific requirements also apply).
• Covered Employees ("Employees") are those performing the majority of their work in Chicago as employees, who earn more than the Ordinance's minimum hourly and salary rates.
• Upon hire, Employers must give Employees an initial good faith estimate of their work schedule, in writing, for the first 90 days of employment.
• Employers must provide Employees with work schedules at least 14 days in advance.
• If an Employer changes an Employee's schedule after the 14-day window, it must provide "predictability pay," subject to certain exceptions. One of those exceptions is a "Work Schedule change that is mutually agreed to by the Covered Employee and Employer and is confirmed...

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