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Village of Barrington "Opts Out" of Cook County Sick Leave

As I am sure most, if not all, readers of this Illinois Client Update are aware, over the last few years both the City of Chicago and Cook County have been very active in creating legislation increasing the obligations of Employers with regard to Hourly Wage Rates and Sick Leave. Both the City of Chicago and Cook County have seen fit to pass legislation increasing the Minimum Wage and creating a Paid Sick Leave concept for Employers within their geographic boundaries:

Chicago Minimum Wage Ordinance

  • $10.50 per hour - July 1, 2016
  • $11.00 per hour - July 1, 2017
  • $12.00 per hour - July 1, 2018
  • $13.00 per hour - July 1, 2019

Cook County Minimum Wage

  • $10.00 per hour - July 1, 2017
  • $11.00 per hour - July 1, 2018
  • $12.00 per hour - July 1, 2019
  • $13.00 per hour - July 1, 2020

Both the City of Chicago and Cook County have established Paid Sick Leave Ordinances, both of which are effective as of July 1, 2017, allowing full time Employees to accrue up to forty (40) hours of Sick Leave in a twelve (12) month calendar basis with certain established carry-over provisions of unused Sick Leave on a year-to-year basis.

It is interesting to note that the Village of Barrington, on or about November 15, 2016, passed a Municipal Ordinance opting out of the requirements of the Cook County Paid Sick Leave Ordinance. That Village of Barrington Ordinance provides that Employers located within the Village must comply with all applicable Federal and/or State Laws and Regulations with regard to Paid Sick Leave and Employee eligibility to Paid Sick Leave but it goes on to state that Employers shall be subject to no additional obligations with regard to Paid Sick Leave including, but without limitation, any additional obligations created by Ordinances adopted by the Cook County Board of Commissioners. It is also interesting to note that two (2) additional Municipalities (Palatine and Mt. Prospect) are also considering similar Ordinances.

What this means for Cook County Employers and the various Municipalities within Cook County, in the opinion of the author, is that there will be an ongoing saga of what Laws apply and what Laws do not for Employers operating within various municipal geographic boundaries. This can and will potentially increase the Employer's liability for compliance issues. Every Employer in the City of Chicago and Cook County is urged to "keep their eyes and ears open" to understand what the rules are!

Questions? Contact Walter Liszka in our Chicago office at (312) 629-9300 or by email at waliszka@wesselssherman.com

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