The City of Chicago has issued substantive revisions to the rules implementing its Fair Workweek Ordinance, with the updated rules taking effect June 1, 2026. The revisions clarify employer obligations around scheduling, predictability pay, employee notice, and recordkeeping, while introducing new definitions and operational requirements that will directly affect employers in covered industries.
Expanded Definitions and Clarified Coverage
The updated rules refine key definitions and introduce new terms that may broaden compliance responsibilities. Notably, the rules add a definition of “on‑call shift,” capturing shifts where employees must remain available on short notice, and clarify that a “week” consists of any seven consecutive 24‑hour periods, regardless of when it begins.
The rules also clarify how the City determines whether an employer meets coverage thresholds. Employer size is now calculated based on the average number of global employees over a 12‑month period (or 90 days for new employers), and whether an individual qualifies as a covered employee depends on where the employee performs the majority of their work.
New Scheduling and Notice Requirements
The revisions impose more detailed requirements for advance scheduling and initial work estimates. Employers must:
- Provide a good faith estimate of expected work schedules at the time of hire, including anticipated hours, days, shift times, locations, and any expected on‑call shifts;
- Include on‑call shifts in advance work schedules; and
- Provide written schedules at least 14 days in advance, with specific formatting requirements such as time‑stamping and identifying all employees at a worksite.
These changes increase transparency expectations and require more detailed documentation at both hiring and scheduling stages.
Changes to Predictability Pay and Schedule Adjustments
The revised rules clarify when predictability pay applies and expand exceptions. Employers are no longer required to pay predictability pay where schedule changes result from voluntary employee requests, including shift swaps, use of paid leave, or other mutually agreed changes, provided such requests are documented in writing.
The rules also require that:
- Predictability pay be issued by the next regular payday;
- Pay be separately itemized on wage statements; and
- Predictability pay not count as hours worked or affect leave accrual.
At the same time, the rules remove certain prior provisions specifying payment thresholds for canceled shifts, signaling a shift toward a more streamlined but still enforceable framework.
Expanded Requirements for Offering Additional Work Hours
Employers must first offer additional shifts to existing covered employees before hiring externally. The revised rules strengthen this process by requiring:
- Written notice of available shifts, including location, timing, duration, and qualifications;
- Consideration of temporary or seasonal employees who have recently worked for the employer; and
- Use of reasonable judgment in determining whether current employees are qualified, without imposing higher skill requirements than for new hires.
These changes broaden internal hiring obligations and increase documentation requirements for staffing decisions.
Enhanced “Right to Rest” Protections
The rules further clarify “right to rest” protections, requiring premium pay where employees work shifts separated by less than 10 hours. Employees must receive 1.25x their regular rate for qualifying shifts, even if they voluntarily consent to the schedule.
Employers must also:
- Document employee consent in writing;
- Apply premium pay to certain double‑shift and split‑shift scenarios; and
- Itemize right‑to‑rest compensation on wage statements.
Expanded Posting and Recordkeeping Requirements
The updated rules clarify acceptable methods for posting notices, including physical postings (e.g., breakrooms) and digital channels (e.g., internal displays). Employers must also maintain more detailed records, including information about tipped employees and employees performing mixed duties.
Employer Takeaway
The 2026 rule updates do not fundamentally change the Fair Workweek Ordinance but significantly increase operational complexity and documentation expectations. Employers should expect greater scrutiny of scheduling practices, employee communications, and payroll documentation.