105 West Madison Street, Suite 810, Chicago, Illinois 60602
805 Greenwood Street, Evanston, Illinois 60201
105 West Madison Street, Suite 810, Chicago, Illinois 60602
805 Greenwood Street, Evanston, Illinois 60201
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
CHANGES IN CHICAGO MINIMUM WAGE AND WORKING SCHEDULES
The City of Chicago has announced changes to the Chicago minimum wage and the Fair Workweek Ordinance effective as of July 1, 2022.
As of July 1, 2022, the Chicago minimum wage will be:
$15.40 for employers with 21 or more employees and all domestic workers (regardless of the number employed);
$14.50 for employers with 4-20 employees;
$9.24 for tipped employees working for employers with 21 or more employees (employers must make up the difference between any tips received and the applicable minimum wage for non-tipped workers); and
$8.70 for tipped employees working for employers with 4-20 employees (employers must make up the difference between any tips received and the applicable minimum wage for non-tipped workers).
As of July 1, 2022, scheduled enhancements to the Fair Workweek Ordinance will require:
Employers in covered industries (covered industries including building services, healthcare, hotel, manufacturing, restaurant, retail, or warehouse services) to post work schedules with at least 14 days’ notice (an increase from the previous ten days’ notice); and
The schedules of employees who earn less than $29.35 per hour, or $56,381.85 per year, are now covered by the Fair Workweek Ordinance.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
ILLINOIS EMPLOYERS – NEW REST AND MEAL BREAK LAWS EFFECTIVE JANUARY 1, 2023
Please see the chart below for the changes to the One Day Rest in Seven Act – this is the law that addresses, among other things, meal breaks for Illinois employees —
| Issue | Current | 1/1/2023 Change |
|---|---|---|
| When 1 day rest in 7 must be provided | At least 24 hours of rest every Sunday - Saturday | At least 24 hours of rest in every consecutive 7 day period |
| Additional Meal Breaks | A second meal break is required only if the employee is working an additional 7 ½ continuous hours | A second 20 minute meal break is required for every 4 ½ continuous hours worked |
| Poster Requirement | In the regular workplace | Must also be provided on website or e-mail for remote employees or employees who travel for work |
| Penalties for Violation | A petty offense | A civil offense for each day of violation, with amount of fine dependent on employer size |
************************************************************************************
NEW ALERT – CITY OF CHICAGO EMPLOYERS
Employers in the City of Chicago will be subject to additional rules effective July 1, 2022. Briefly –
The link above provides further information and additional links.
************************************************************************************
Illinois law prohibits smoking in the workplace.
But did you know it does not prohibit the use of e-cigarettes or vaping?????
The law of some cities does, but very few. If you want to update your “no smoking in the workplace” policy to include e-cigarettes and vaping, and need some help doing so, let us know.
ILLINOIS ADDS FAMILY BEREAVEMENT LEAVE FOR CERTAIN EMPLOYERS
If you are covered by the Family & Medical Leave Act, starting January 1, 2023, you have additional unpaid leave obligations to employees eligible for FMLA leave in particular circumstances. As you know, current Illinois law requires you to provide up to 10 days leave for the death of a child. That has been expanded to other certain family members. In addition, there is unpaid leave permitted when an employee suffers a loss or is grieving a failed pregnancy or adoption/placement of a child.
This leave would run concurrently with any leave you already offer. The legal requirements include the following:
A covered employee has the ability to take up to 10 work days off starting with the date of the event or notification of same, through the 60th day following such event or notification:
Reason 1: To attend a funeral or an alternative to a funeral, as well as make the arrangements for such service, and to grieve the death of the covered family member. “Covered family member” means an employee’s “child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent.” “Domestic partners” include adults who are in a committed relationship, and they are not limited to legally recognized partnerships. “Covered family members” need not reside in the same household.
Reason 2: Covered employees also have the right to be absent from work to grieve losses associated with fertility and starting a family. Ten days unpaid is available for: (i) miscarriages; (ii) unsuccessful rounds of intrauterine insemination or of assisted reproductive technology procedures; (iii) failed adoption matches; (iv) adoptions not finalized due to being contested by another party; (iv) failed surrogacy agreements; (v) diagnoses that negatively impact pregnancy or fertility; and (vi) stillbirths.
Notice
Forty-eight (48) hours’ notice is required if reasonable and practicable.
Documentation
The Company may request reasonable documents, such as a death certificate, obituary, notice from the funeral home, etc.…, with respect to Reason 1.
With respect to Reason 2, the Company may ask the employee to have an Illinois Department of Labor form completed by the treating health care provider, or the adoption or surrogacy organization. The Company does not require that the employee identify which event under Reason 2 occurred for purposes of using leave under this policy.
Compensation while on Leave
The time off is unpaid, but the employee may use accrued PTO if available to cover any time off beyond the paid time provided in the basic bereavement leave policy. The Company does not require the employee to use accrued PTO.
Multiple Events
In the unfortunate event that there is more than one covered family member in a 12-month period, the employee has the right to 6 weeks off, but in no event can the time taken off exceed the leave time the employee has available under the FML policy.
You will need to update your policies, including integrating the new mandatory leave with any current bereavement leave policies.
A copy of the certification form for leave related to Reason 2 – losses related to infertility and starting a family – can be found by clicking here. family-bereavement-leave-act-form.pdf (illinois.gov)
All photographs were taken by Roark Johnson and provided courtesy of our client, Shoreline Sightseeing.
© 2022 Scalambrino & Arnoff, LLP. All rights reserved.
Website by web.com.