© 2020 American Payroll Institute, Inc. Chicago Amends Predictive Scheduling and Paid Sick Leave Requirements Tsick he city council of Chicago, Illinois, amended its paid leave (PSL) and predictive scheduling (i.e., Fair Workweek Ordinance) requirements, and the Department of Business Affairs and Consumer Protection (BACP) published predictive scheduling rules and guidance related to COVID-19 [Substitute Ordinance 2020- 2343, L. 2020 Ordinance 2020-2370, L. 2020 Chicago Fair Workweek Rules Supporting Chapter 1-25 of the Municipal Code of Chicago Rule Pertaining to COVID-19 and Chapter 1-25 of the Municipal Code of Chicago]. Effective dates The rules and most of the amendments go into effect on July 1, 2020. An anti-retaliation PSL provision, which went into effect immediately on May 20, 2020, protects employees complying with COVID-19-related public health orders from adverse employment actions. Paid sick leave Retaliation prohibition. Effective May 20, 2020, an employer cannot take an adverse employment action against an employee for obeying a public health order issued by the governor of Illinois, the mayor, or the Chicago Department of Public Health requiring the employee to remain in a certain place due to the COVID-19 pandemic and in other related situations. Employee coverage expansion. Effective July 1, 2020, covered employees will include those working: (1) as outside salespeople (2) as members of a religious corporation or organization (3) at, and employed by, an accredited Illinois college or university or (4) for a motor carrier regulated by the U.S. Secretary of Transportation or the state under the Illinois Vehicle Code. Employer coverage expanded. Effective July 1, 2020, all employers with at least one covered employee will be considered covered employers, regardless of whether the employer has a Chicago worksite or is subject to the city’s business license requirements. New notice and posting requirements. Effective July 1, 2020, individual notice must be provided to each employee on an annual basis with the first paycheck on or following July 1. The notice can be provided in either hard copy or electronic form within certain guidelines. The workplace poster requirement also can be fulfilled by electronic notice. New recordkeeping requirements. For employers with tipped and non-tipped employees, records must identify whether an employee is tipped, non-tipped, or performs duties of tipped and non-tipped positions. Predictive scheduling COVID-19-related exemption. The schedule change requirements do not apply when a work schedule change is because of a pandemic, such as the current COVID-19 outbreak. However, a work schedule change is considered to be “because” of the pandemic only when the pandemic causes the employer to materially change its operating hours, operating plan, or the goods or services provided, directly causing the work schedule change. The exception only applies to the work schedule during which the pandemic causes the schedule change and the work schedule that immediately follows. Recordkeeping requirements. For at least three years, employers must maintain for each covered employee records to demonstrate compliance with predictability pay requirements, including records detailing: amounts paid and scheduled hours worked per week (e.g., pay statements, wage records) location of shifts worked written consent of employee to: working shifts at short notice, working “clopening” shifts (i.e., shifts beginning less than 10 hours after the end of the previous day’s shift), and schedule changes and initial estimates and advance notice of schedule changes. Enforcement. One type of enforcement action an employee’s right to sue the employer for certain violations of the Fair Workweek Ordinance will be delayed until January 1, 2021 however, the BACP will still begin investigating and enforcing employer violations administratively beginning July 1, 2020. Safety-net hospital applicability. The ordinance will not apply to safety-net hospitals, as defined by the Illinois Public Aid Code, until January 1, 2021. Several States Receive Approval for Advances On Federal Unemployment Account Loans New York Begins Borrowing ADepartment,data ccording to maintained by the U.S. Treasury as of May 27, 2020, nine states have received advance approval for federal unemployment account (FUA) loans to maintain their state unemployment account trust funds. Those states are: California, Connecticut, Hawaii, Illinois, Massachusetts, New York, Ohio, Texas, and West Virginia (see Title XII Advance Activities Schedule on the TreasuryDirect June 1, 2020 Volume 22 Issue 11
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