Illinois Scheduling & Predictive Scheduling Laws

Understanding scheduling laws is vital for both employers and employees in Illinois to ensure compliance and maintain a fair workplace environment. While federal laws provide a foundational framework for labor standards, state-specific laws can offer additional protections or impose unique requirements. This article explores Illinois’s scheduling laws, focusing on predictive scheduling, minimum shift time, scheduling notice, and on-call policies, and compares them to federal standards.

What is Predictive Scheduling?

Predictive scheduling laws are designed to provide employees with advance notice of their work schedules, offering more stability and predictability in their work hours. These laws typically require employers to provide schedules a certain number of days in advance and may mandate additional compensation if schedule changes occur without sufficient notice. This compensation, often referred to as “predictability pay,” aims to help employees manage their personal and professional lives by reducing uncertainty and last-minute disruptions.

Does Illinois Have Scheduling and Predictive Scheduling Laws That Differ from Federal Scheduling Laws?

Illinois has not enacted any state-wide scheduling or predictive scheduling laws that differ from federal regulations, but there are some municipalities, like Chicago and Evanston, that have passed their own predictive scheduling laws. 

The federal Fair Labor Standards Act (FLSA) governs wage and hour standards, such as minimum wage and overtime pay, but it does not address predictive scheduling. Municipalities in Illinois have implemented specific laws to ensure fair scheduling practices.

Chicago Fair Workweek Ordinance

The Chicago Fair Workweek Ordinance, effective July 1, 2020, is a significant law impacting scheduling practices in the state. This ordinance applies to employers in industries such as retail, hospitality, food services, healthcare, and building services with a certain number of employees globally (50 for retail, 100 for other sectors) and requires them to:

• Provide employees with work schedules at least 10 days in advance, increasing to 14 days starting July 1, 2022.
• Offer predictability pay for any changes made to the schedule with less than the required notice.
• Allow employees to decline additional hours or shifts not included in the original schedule.

The ordinance aims to provide employees in Chicago with more predictable work schedules and the ability to plan their personal lives more effectively.

Employers Affected: Businesses with 100 or more employees, nonprofits with more than 250 employees, and restaurants with at least 30 locations and 250 employees globally. Eligible employees must earn less than or equal to $26.00 per hour or $50,000 per year as a salaried employee.

Covered Industries: Building services, healthcare providers, hotels, manufacturers, retail, and food service occupations.

Notice Requirements: Employers must give 10 days’ notice of workers’ schedules, increasing to 14 days on July 1, 2022.

Predictability Pay: Employers must pay one hour of Predictability Pay (one hour of the employee’s regular rate) for each adjusted shift made after the 10-day deadline without mutual agreement.

Right to Decline Shifts: Employees can decline shifts that start less than 10 hours after the end of the previous shift. If they work such shifts, they must be paid at 1.25 times their regular rate of pay.

Evanston Fair Workweek Ordinance:

Effective Date: September 1, 2023 (Enforcement delayed until January 1, 2024).

Employers Affected: Hospitality, retail, warehouse service, manufacturing, building services with 100 or more employees; food service restaurants with at least 30 locations and 200 employees globally. Franchisees with fewer than 100 employees associated with a franchisor with more than 30 locations globally are also covered.

Initial Estimate: Employers must provide a good faith “initial estimate” of the employee’s first 90 days, including average weekly hours, on-call shifts, and potential scheduling times.

Notice Requirements: Employers must provide a written notice of work hours no later than 14 days before the first day of a new work schedule. Changes within the 14-day window require one hour of predictability pay if given at least 24 hours’ notice. Less notice could require up to four hours of pay, depending on the changes.

Right to Decline Shifts: Employees can decline scheduled hours that start less than 11 hours after the end of their previous shift. Those who work such shifts are entitled to 1.5 times the regular rate of pay.

Illinois Minimum Shift Time

Illinois does not have a statewide law mandating minimum shift lengths. However, the Chicago Fair Workweek Ordinance requires employers to pay employees for at least half of their scheduled shift if they are sent home early. Employers in Illinois are generally free to set shift lengths based on their business needs unless otherwise stipulated in individual employment agreements or collective bargaining agreements.

Illinois Scheduling Notice Law

Illinois does not have a statewide scheduling notice law, but the Chicago Fair Workweek Ordinance requires covered employers to provide advance notice of work schedules. Employers outside of Chicago are not subject to this ordinance and are not legally obligated to provide advance notice unless it is stipulated in employment contracts or company policies.

Illinois On-Call Laws

Illinois does not have specific state laws regulating on-call work. The FLSA provides guidance on compensating on-call time. According to these federal guidelines, employees must be compensated for on-call time if they are required to remain on the employer’s premises or are otherwise restricted in a way that prevents them from using the time effectively for personal purposes. If employees can freely use their time while on-call, they are generally not entitled to compensation.

Common Illinois Scheduling Laws FAQs

Can an Employer Change an Employee’s Schedule Without Notice in Illinois?

Yes, employers in Illinois can change an employee’s schedule without advance notice, unless covered by the Chicago or Evanston Fair Workweek Ordinances, which require advance notice and compensation for changes made without sufficient notice.

How Much Notice Does an Employer Have to Give for a Schedule Change in Illinois?

Outside of Chicago and Evanston, there is no legal requirement in Illinois for employers to provide notice of schedule changes. Employers in Chicago and Evanston covered by the Fair Workweek Ordinance must provide schedules at least 10 days in advance, increasing to 14 days.

Do I Get Paid If My Shift is Canceled in Illinois?

Outside of Chicago and Evanston, there is no statewide legal requirement for employers to compensate employees for canceled shifts if no work has been performed. However, the Chicago and Evanston Fair Workweek Ordinances require employers to provide predictability pay for schedule changes or cancellations made with less than the required notice. Employees should review their contracts and employee handbooks to understand any terms related to compensation for canceled shifts.

While Illinois’s scheduling laws offer employers flexibility outside of Chicago and Evanston, implementing fair and transparent scheduling practices can enhance employee satisfaction and foster a positive work environment. Both employers and employees should stay informed about potential legislative changes and understand their rights and obligations under federal and state laws.