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This question came from one of our users:
"Hi, I have a question about Evanston ordinance 24-0-23, and cannot get hold of the town hall. I’m wondering if I am owed back pay because they have not been scheduling out two weeks for the past year would love to hear from you!"
If an employer has violated the Evanston Fair Workweek Ordinance, they may be subject to fines, and the employee has the right to a private cause of action, which could result in an award of damages.
What is the Evanston Fair Workweek Ordinance?
The ordinance was passed in 2023 and took effect on January 1, 2024. The intent behind the ordinance was to provide employees with predictable schedules, allowing for a healthy and flexible work environment. Last-minute changes can hinder an employee’s ability to provide childcare, manage appointments, and coordinate second job schedules.
The purpose of the ordinance is “to require adequate notice of work schedules, compensation for employer-initiated schedule changes, access to sufficient hours of work for part-time employees, healthy rest between shifts, and a protected right to have input into schedules.” 3-34-1.
What Industries are Covered Under the Ordinance?
- Hospitality
- Food service and restaurants
- Retail
- Warehouse service
- Manufacturing
- Building services
What is Required Under the Ordinance?
- Advance notice of work schedules
- Notice, right to decline, and compensation for schedule changes
- Offer additional work hours to existing employees
- Right to rest
- Right to request a flexible working arrangement
Who Enforces the Ordinance?
The ordinance states that the City of Evanston may adopt rules for its administration and enforcement.
What is the Penalty for a Violation of the Ordinance?
An employer that violates the ordinance can be subject to a fine of $300 - $500 for each initial offense. Each offense and each day constitutes a separate offense. The fine also increases by $50 per day for each subsequent offense.
Does an Employee Have a Private Cause of Action?
Yes. An employee can file a civil lawsuit in court if they believe they were subjected to a violation of the ordinance but must do so within two years of the alleged conduct occurring. If the employee is successful in the lawsuit, they “shall be entitled to an award of compensation for any damages sustained, including the payment of Predictability Pay unlawfully withheld, as a result of the violation, including litigation costs, expert witness fees, and reasonable attorneys’ fees.” 3-34-14.
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