Chicago’s Minimum Wage Increase, Fair Workweek Changes, and Sexual Harassment Laws Enhancements — and a Chicago Sick Pay Reminder

The City of Chicago’s fiscal year runs from July 1-June 30, so most changes tend to take effect at the beginning of the “new year”. This year is no exception — and there’s a lot that has changed. The Chicago Department of Business Affairs and Consumer Protection (BACP) released this information recently, much of which affects small business owners in the city.

Minimum Wage Increase

The annual scheduled increase in Chicago’s minimum wage goes into effect on Friday, July 1, 2022. The Chicago minimum wage is tiered for large businesses with 21 or more employees, and small businesses with 4-20 employees. Since reaching $15 per hour in 2021, the minimum wage for larger employees increases annually according to the Consumer Price Index or 2.5%, whichever is lower. The minimum wage for small businesses continues to increase towards $15 per hour by 2023.

As of July 1, 2022, the Chicago minimum wage will be:

•  $15.40 for employers with 21 or more employees (including all domestic workers, regardless of the number employed)
• $14.50 for employers with 4-20 employees
• The minimum wage for tipped employees will be $9.24 for employers with 21 or more employees, and $8.70 for employers with 4-20 employees (employers must make up the difference between any tips received and the applicable minimum wage for non-tipped workers.)
• Anyone age 24 or younger employed by, or engaged in employment coordinated by, a nonprofit organization or government agency will see a minimum wage increase to $12.00.

Employers that maintain a business facility within the City of Chicago or are required to obtain a business license to operate in the City are required to pay their employees at least the Chicago minimum wage. Additionally, any employee that works two hours or more in the City within a two-week period must also receive at least the Chicago minimum wage.

Chicago BACP recently presented a free hour-long webinar called “Employer Responsibilities Under Chicago’s Minimum Wage Ordinance”, available here.

Fair Workweek Ordinance Changes

 As of July 1, 2022, scheduled enhancements to the Fair Workweek Ordinance will require:

• Employers in “covered industries ” (see below) to post work schedules with at least 14 days’ notice, an increase from the previous 10 days’ notice.
• Employees will need to earn less than $29.35 per hour or $56,381.85 per year to gain protection under the Fair Workweek Ordinance.
• Covered industries include building services, healthcare, hotel, manufacturing, restaurant, retail, or warehouse services.

Chicago businesses are required to post the Minimum Wage Notice and Fair Workweek Notice at their business. The notices will be available to workers and business owners in English, Spanish, Polish, Simplified Chinese, Tagalog, and Korean by July 1, 2022. Employers that violate the minimum wage ordinance can be fined $500 to $1,000 per day for each offense. 

Chicago BACP recently presented a free hour-long webinar called “Employer Responsibilities Under Chicago’s Fair Workweek Ordinance”, available here.

Sexual Harassment Law Updates

As of July 1, 2022, all employers in the city of Chicago must have a written policy on sexual harassment. Additionally, employers are required to display a public notice advising of the prohibition on sexual harassment where employees can see it, and there are increased training requirements. A model policy, written notice, and training templates are available by visiting Chicago.gov/SexualHarassment.

Recent updates to the law include:

• Adding sexual misconduct to the definition. Sexual misconduct is defined as any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.
• Requiring all employers to have a written policy on sexual harassment. The written policy must be available in the employee’s primary language within the first calendar week of starting employment.
• Requiring all employers to post a written notice on sexual harassment.
• Increasing the statute of limitations from 300 to 365 days.
• Create flexibility to notify a respondent up to 30 days from the time of complaint (compared to 10 days currently), to mitigate any retaliation such as denial of a reasonable accommodation request.
• Requiring additional annual training for all employees including the one hour of prevention training aligned with State requirements and one hour of bystander intervention. Supervisors and managers are required to have an additional one hour of training.
• Increasing the penalty for individuals or businesses that participate in discriminatory practices in the workplace including sexual harassment. The penalty is increasing from $500 – $1,000 per violation to $5,000 – $10,000.

The Chicago Commission on Human Relations (CCHR) recently presented a 20-minute video update in collaboration with BACP, available here.

Reminder: Sick Pay Responsibilities

It seems not all small business owners are aware of the responsibility to provide Chicago workers paid sick leave. It applies to any business or individual that employs at least one “employee” and has a facility within Chicago’s city limits (though Cook County now has a similar requirement). The term “employee” covers anyone who works at least 80 hours within a 120-day period (20 hours a month).
– For hourly employees, paid sick leave accrues at one-hour for every 40 hours worked. Salaried-exempt employees are presumed to have worked 40 hours/week.
– Employees are capped at accruing a total of 40 hours of sick leave each year, unless the employer opts to set a higher limit.
– Employers must permit employees to carry over half of their accrued leave, to a maximum of 20 hours of unused sick leave each year (40 for employers with 50 or more employees).
– Employers are not required to pay out any accrued but unused sick leave upon employment termination.

In an attempt to drive this point home, I recently revisited my previous blog posts on the topic, and these were the three resources that seemed most helpful, which I encourage all employers to watch/read:
1) BACP Webinar: Paid Sick Leave Overview – YouTube
2) Think Your PTO Policy Complies With the Chicago or Cook County Paid Sick Leave Ordinances? Think Again. | Bryan Cave Leighton Paisner – JDSupra
3) Paid Sick Leave Enhancements: Chicago workers are guaranteed one hour of paid sick leave for every 40 hours worked. Starting August 1, 2021, the possible uses for that paid sick leave will be expanded to include caring for a family member with a closed school or place of care, compliance with public health orders, and mental and behavioral health.

In case it’s helpful, those resources were highlighted in these blog posts:
– Year-End Reminders For Chicago Businesses | The Dancing Accountant
– April 2021 FREE Small Business Webinars – City of Chicago | The Dancing Accountant
– BACP Updates | Chi Biz Strong Initiative | The Dancing Accountant

Even the least expensive version of Gusto Payroll allows for a sick pay plan, and it’s not hard to set up and track (see instructions here).

Reminder that if you sign up and run Gusto using my link, you’ll get a free trial period… and after running your first payroll you’ll receive a $100 Visa gift card! My clients instead will receive a 15% discount for the life of the plan.

And a final point: all Chicago worker protections are enforced by the BACP Office of Labor Standards (OLS). The OLS is dedicated to promoting and enforcing Chicago’s labor laws, including Minimum Wage, Paid Sick Leave, Fair Workweek, and Wage Theft Ordinance. The BACP OLS webpage offers informational materials on Chicago’s Labor Standards Laws.

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