Loading...
(a) Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of Employees to bargain collectively with their Employers through representatives of their own choosing in order to establish wages or other conditions of work different from the applicable minimum standards of the provisions of this chapter. In no event shall this chapter apply to any Employee working in the construction industry who is covered by a bona fide collective bargaining agreement.
Nothing in this chapter shall be deemed to affect the validity or change the terms of bona fide collective bargaining agreements in force on July 1, 2024. After that date, requirements of this chapter may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms.
(b) Other than a collective bargaining agreement, any agreement to waive rights granted under this chapter is void as against public policy.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 12-13-23, p. 7601, § 9; Amend Coun. J. 3-20-24, p. 10146, § 8)
(a) Every Employer shall post in a conspicuous place at each facility where any Covered Employee works that is located within the geographic boundaries of the City a notice advising the Covered Employee of the Covered Employee’s right to paid time off under this chapter. The Commissioner shall make available a form notice that satisfies the requirements of this section. Employers that do not maintain a business facility within the geographic boundaries of the City and households that serve as the worksites for Domestic Workers are exempt from this Section 6-130-050(a). If an Employer’s workforce is comprised of a significant portion of workers who are not literate in English, the Employer shall notify the Commissioner and a notice in the appropriate language shall be prepared by the Commissioner. Covered Employees may also request that the Commissioner provide a notice in languages other than English, which the Employer must post in accordance with this subsection.
(b) With the first paycheck issued to a Covered Employee, and annually with a paycheck issued within 30 days of July 1, every Employer shall provide a notice advising the Covered Employee of the Covered Employee’s right to paid time off under this chapter. The Commissioner shall prepare and make available a form notice that satisfies the requirements of this Section 6-130-050(b).
(c) Each time wages are paid, an Employer shall provide each Covered Employee with written notification stating an updated amount of Paid Leave and Paid Sick Leave available to each Covered Employee for the Covered Employee’s use and the accrual rates of the Paid Leave and Paid Sick Leave provided to the Covered Employee. However, Employers that credit their Covered Employees the applicable Paid Leave and Paid Sick Leave time on a monthly basis may make such notice available on a monthly basis. The updated amount shall include accrued paid time off since the last notification, reduced paid time off since the last notification, and any unused paid time off available for use. Employers may choose a reasonable system for providing this notification, including, but not limited to, listing available paid time off on each pay stub or developing an online system where Covered Employees can access their own Paid Leave and Paid Sick Leave information.
(d) Employers shall provide Covered Employees with written notice of the Employer’s paid time off policy, including the Employer’s paid time off notification requirements, at the commencement of employment and within five calendar days before any change to the Employer’s paid time off policy requirements.
(1) Employers shall provide Employees with a 14-day written notice of changes to the Employer’s paid time off policies that affect a Covered Employee’s right to final compensation for such leave.
(2) Whenever a Covered Employee has not been offered a work assignment for 60 days, the Covered Employee’s Employer must notify the Covered Employee in writing that the Covered Employee may request payout of their accrued, unused Paid Leave time.
(3) An Employer shall provide its written paid time off policy to each of its Covered Employees in their primary language.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 12-13-23, p. 7601, § 10; Amend Coun. J. 3-20-24, p. 10146, § 8)
If the City learns that after being charged with wage rate or Paid Leave or Paid Sick Leave violations an Employer has entered into two or more settlements within a year with the United States Department of Labor or the Illinois Department of Labor, the Commissioner of Business Affairs and Consumer Protection, in conjunction with the Chief Procurement Officer, is authorized to conduct an investigation to determine whether the person’s conduct that resulted in those settlements evinces culpability that merits ineligibility under Section 1-23-020 or revocation under Section 4-4-280.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 3-20-24, p. 10146, § 8)
Any Employer who violates this chapter or any rule promulgated thereunder shall be fined between $1,000.00 and $3,000.00 for each separate offense, except that an Employer who violates Section 6-130-050(a) or (b) shall be fined $500.00 for the first violation and $1,000.00 for any subsequent violation. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 3-20-24, p. 10146, § 8)
Any Employer who violates this chapter or any rule promulgated thereunder shall be liable to the affected Covered Employee for damages equal to three times the full amount of any leave denied or lost by reason of the violation, and the interest on that amount calculated at the prevailing rate; together with costs and reasonable attorney’s fees, which shall be paid by the Employer to the Covered Employee.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 3-20-24, p. 10146, § 8)
(a) If any Covered Employee is not allowed a benefit to which the Covered Employee is entitled under this chapter, the Covered Employee may recover in a civil action damages equal to three times the full amount of any leave denied or lost by reason of the violation, and the interest on that amount calculated at the prevailing rate; together with costs and such reasonable attorney’s fees as the court allows.
(b) For Paid Sick Leave provisions under this chapter, such right to private cause of action shall be available on July 1, 2024.
(c) For Paid Leave provisions under this chapter:
(1) such right to a private cause of action shall not be available until July 1, 2025.
(2) A Covered Employee may initiate a civil action pursuant to this chapter only after: (A) an alleged violation occurs; and (B) the payday for the next regular payroll period or 16 days after the alleged violation occurred passes, whichever is the shorter period. This Section 6-130-100(c)(2) shall sunset of its own accord without further action of the City Council on July 1, 2026.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 12-13-23, p. 7601, § 11; Amend Coun. J. 3-20-24, p. 10146, § 8)
Each Employer shall maintain for at least five years, or for the duration of any claim, civil action, or investigation pending pursuant to this chapter, whichever is longer, a record of each Covered Employee’s name and addresses, hours worked, pay rate, wage agreement, number of paid time off hours earned for each year and the dates on which paid time off hours were taken and paid, and records necessary to demonstrate compliance with this chapter. Each Employer who has an Employee whose regular work duties take place within the geographical boundaries of Chicago shall maintain this same information. Failure to maintain these records shall create a presumption, rebuttable by clear and convincing evidence, that the Employer violated this Chapter 6-130 for the periods for which records were not retained for each Covered Employee. Each Employer shall provide each Covered Employee a copy of the records relating to such Covered Employee upon the Covered Employee’s request.
(Added Coun. J. 11-9-23, p. 5853, § 8; Amend Coun. J. 12-13-23, p. 7601, § 12; Amend Coun. J. 3-20-24, p. 10146, § 8)