Chicago Implements Changes To Fair Workweek Rules, Which Take Effect June 1, 2026

The Chicago Office of Labor Standards (OLS) has adopted and published changes to the rules implementing the city’s Fair Workweek Ordinance. Final rules implementing this ordinance were originally issued in 2020. New rules were published May 15, 2026, however, and will take effect June 1, 2026. The more substantive changes include:

• Replacing “calendar week” with “week” and defining “week” as seven consecutive 24-hour periods (consistent with the FLSA). It may begin on any day of the week and any hour of the day.
• Clarifying how to calculate employer size, which determines whether an employer is covered under the ordinance. Specifically, the city will count the average number of global employees and covered employees (as defined by the ordinance) during a 12-month period for existing employers and 90 days for new employers.
• Requiring that a work schedule be time-stamped with its date and time of posting.
• Adding additional requirements for a good-faith estimate, including the date it was provided to the covered employee and whether the covered employee is expected to work any on-call shifts.
• Requiring employers to record whether a covered employee receives tips or performs the duties of both tipped and non-tipped positions.
• For new covered employees at the time of hire, or existing covered employees returning to work from a leave of absence, the employer may provide a written work schedule, with less than 14-days’ notice, that runs through the last date of the currently posted work schedule.
• For existing covered employees who are transferred, promoted, or assigned to a new job classification, the employer may provide a written work schedule that runs through the last date of the currently posted work schedule at the time of the transfer, promotion, or assignment to a new job classification.
• For predictability pay purposes, regular rate does not include overtime, holiday pay, or other premium rates. However, if a covered employee’s regular rate of pay includes a differential meant to compensate the covered employee for work performed under differing conditions (for example, a shift differential for working weekends or at night), such a differential rate is not considered to be a premium.
• Predictability pay shall not be deemed as another hour of work. It shall not impact the accumulation of paid leave or paid sick leave.
• Pertaining to the access-to-hours requirement:
  • Predictability pay is not required for any shifts accepted through the access-to-hours process. 
  • The access-to-hours requirement shall not apply to the hiring of new covered employees at a new location within the city.
• Right to rest consent: This written, voluntary consent may be situational or provided on an ongoing basis so long as a covered employee may revoke consent at any time.
• Employers must also maintain and produce to the city upon request the following categories of records pertaining to schedules:
  • Written consent of employees that work a shift that begins less than 10 hours after the end of the previous day’s shift; 
  • Written consent to schedule changes, agreements, modifications or changes to posted work schedules; 
  • All information to demonstrate compliance with proper posting of work schedules, including, but not limited to, methods by which work schedules were provided to every employee. 
  • Documents and dates necessary to demonstrate compliance with initial estimate of work schedule, advance notice of work schedule, schedule changes, offer of additional work hours to existing employees, right to rest, and right to request a flexible working arrangement; and
  • Policy handbook, employee manual, or other such documentation specifying all policies and rules covering these topics.

Note that some of the changes may have impact beyond the local workplace. Employers may want to contact their payroll vendors to see how they are currently calculating predictability pay and its relation to the regular rate and ensure the vendors are able to comply with the changes.

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