Evanston, Illinois Predictive Scheduling Law in 2024

An Evanston, Illinois, predictive scheduling law is set to take effect on January 1, 2024. Situated a few miles north of Chicago and home to Northwestern University, Evanston boasts a population of approximately 75,000.

What is the Evanston, Illinois Predictive Scheduling Law?

Evanston, Illinois, has implemented an ordinance addressing scheduling practices in specific industries.

This legislation mandates that select employers provide a 14-day notice for any schedule changes. Should alterations occur within this timeframe preceding the initially scheduled shift, employers are obligated to compensate employees with “predictability pay.”

The Evanston predictive scheduling law applies to employers with 100 or more employees.

It also applies to franchisees with fewer than 100 employees but are “associated with a franchisor or a network of franchises with franchisees with more than 30 locations globally.”

The ordinance exclusively targets employers in specified industries, including:

• Hospitality
• Food service and restaurants
• Retail
• Warehouse service
• Manufacturing
• Building services

Find definitions of each industry on the city’s website.

The Evanston Fair Workweek Ordinance requires certain employers to:

• Provide advance notice of schedules
• Compensate employees for employer-initiated schedule changes
• Ensure adequate rest between shifts
• Allow employee input into schedules

Additionally, the Evanston predictive scheduling law will require employers to display the associated labor law poster.

Employment Law Compliance. Simplified.

Details on Evanston’s Predictive Scheduling Law

Below are additional details about the ordinance.

Advance Notice of Work Schedules

There are two ways in which employers must comply with advance work schedules:

• Provide a good-faith estimate of hours for the first 90 days of employment (with other parameters included)
• Issue a written notice of work hours no later than 14 days before the first day of any new work schedule, prominently displayed and electronically submitted upon request.

Employees who are victims of sexual or domestic violence (or their family members) can request their schedule not be posted or transmitted to other employees.

Schedule Changes

Under the ordinance, employees have the right to decline unscheduled hours.

Predictability Pay

When a schedule does change and the employee agrees to work a shift, the employer must provide “Predictability Pay.” That varies depending on when the scheduled was changed:

With less than 14 days’ notice, but 24 hours or more notice to the Employee: one hour of Predictability Pay;

With less than 24 hours to the Employee: (i) four hours or the number of hours in the employee’s scheduled shift, whichever is less, when hours are canceled or reduced; (ii) one hour of Predictability Pay for all other changes. The compensation required by this subsection shall be in addition to the employee’s regular pay for working that shift.

For reference, the law defines predictability pay as: “Wages paid to an employee, calculated on an hourly basis at the employee’s regular rate as compensation for schedule changes made by a covered employer to a schedule pursuant to this chapter, in addition to any wages earned for work performed by that employee.”

(There are exceptions to this portion of the Evanston predictive scheduling law.)

Additional Hours for Existing Employees

The law also stipulates that employers offer additional work hours to existing part-time employees before hiring new workers.

However, employees are able to decline, and if so employers may hire new workers.

There are also posting requirements with this section of the law.

Right to Rest

Employees can decline work hours within 11 hours of their last shift.

If agreed upon in writing, compensation is at 1.5 times the regular rate of pay.

Other Odds and Ends

The Evanston predictive scheduling law also includes:

• The right of employees to request a flexible working arrangement
• Notice and posting requirements
• Anti-retaliation provisions
• Fines for noncompliance
• Recordkeeping requirements
• Ability for employees to take action against an employer suspected of violating the law

Related: Labor Law Posters for Predictive Scheduling Laws

Conclusion

Employers with locations in Evanston should prepare for the requirements of the city’s new predictive scheduling law, which goes into effect at the beginning of 2024.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.