Monday, November 30, 2020
Staff coated by the Chicago Truthful Workweek Ordinance may have a non-public proper of motion in opposition to employers for violations of the Ordinance starting January 1, 2021.
Though the Ordinance took impact on July 1, 2020 (together with fines payable to the Metropolis of Chicago of not lower than $300 or greater than $500 per violation of the Ordinance), the Metropolis of Chicago delayed the efficient date for an worker’s non-public proper of motion underneath the Ordinance till January 1, 2021, in response to the COVID-19 pandemic.
The Ordinance typically requires coated employers to offer the next:
An excellent religion estimate of days and hours of labor to new hires;
Advance discover of the work schedule to coated staff at the least 10 days earlier than the primary day of the schedule (which is able to improve to 14 days on July 1, 2022);
Compensation to coated staff for schedule adjustments made after the date on which the schedule should be posted; and
Premium pay to coated staff if the worker works with fewer than 10 hours between shifts.
Beneath the Ordinance, staff should exhaust their administrative cures with the Metropolis of Chicago Division of Enterprise Affairs and Client Safety earlier than submitting a non-public lawsuit.
The Ordinance supplies that an worker could provoke a civil motion solely after:
(i) The worker submits a written criticism to the Division alleging a violation;
(ii) The Division supplies the employer with a possibility to contest the alleged violation or remedy the violation; and
(iii) The Division has notified the complaining worker in writing that the Division considers the criticism to be closed.
The Division could contemplate a criticism closed as a result of:
(i) The criticism has been cured by the employer;
(ii) The Division has deemed the criticism justified and has enforced it in opposition to the employer to conclusion; or
(iii) The Division has deemed the criticism unjustified.
Accordingly, very similar to an administrative cost on the Equal Employment Alternative Fee, an worker may have the flexibility to file a non-public motion whatever the outcomes of the Metropolis’s investigation.
Non-public Proper of Motion
Beneath the Ordinance, a declare or motion should be filed inside two years of the alleged conduct ensuing within the criticism. A coated worker who prevails in a civil motion is entitled to an award of compensation for any damages sustained on account of a violation of the Ordinance, together with litigation prices, professional witness charges, and cheap legal professional’s charges.
Jackson Lewis P.C. © 2020Nationwide Regulation Assessment, Quantity X, Quantity 335