HomeMy WebLinkAbout6.7 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES AND OCCUPATIONS", OF THE MOUNT PROSPECT VILLAGE CODE WITH REGARD TO CONFLICTS WITH COOK COUNTY ORDINANCE AMENDMENT REGARM+awn �'xytlts=e
Item Cover Page
Subject Motion to waive the rule requiring two readings of an ordinance
and adopt AN ORDINANCE AMENDING CHAPTER 11,
"MERCHANTS, BUSINESSES AND OCCUPATIONS", OF THE
MOUNT PROSPECT VILLAGE CODE WITH REGARD TO
CONFLICTS WITH COOK COUNTY ORDINANCE AMENDMENT
REGARDING PAID LEAVE.
Meeting February 6, 2024 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD
Fiscal Impact (Y/N)
Dollar Amount
Budget Source
Category CONSENT AGENDA
Type Action Item
Information
On February 7, 2017, the Village Board approved an ordinance to opt out of the Cook County
minimum wage and sick leave requirements. On December 14, 2023, Cook County approved
Ordinance Amendment 24-0583 changing what was previously defined as "Earned Sick
Leave" to "Paid Leave". This change extends the previously provided sick leave benefit to be
paid leave for any purpose. The proposed ordinance amends the Village Code by adjusting to
the County amendment and replacing "paid sick leave" with "paid leave". The prior opt out of
the "Earned Sick Leave Ordinance" does not apply to the "Paid Leave" Ordinance.
The Village of Mount Prospect, as a home -rule municipality, can opt out of the Cook County's
paid leave requirements within the boundaries of the municipality. The Village Code states that
employers within the Village must comply with all federal and/or state regulations regarding
paid leave and no additional obligations shall apply, including any additional obligations
adopted by Cook County. Employers, not including school districts or park districts, within the
Village would need to comply with the State's Paid Leave for All Workers Act, but would be
opted out of the Cook County Paid Leave Ordinance. The Village Board adopted an ordinance
regarding the paid leave benefits for the Village of Mount Prospect employees on December 5,
2023, enabling the Village to opt out of the State's Paid Leave for All Workers Act.
Discussion
Alternatives
1. Approve the proposed ordinance amending Chapter 11, Article XI "Conflicts with Certain
Home Rule County Ordinances".
2. Action at the discretion of the Village Board.
Staff Recommendation
Staff recommends Village Board approval of the proposed ordinance.
Attachments
1. CH 11 Art 11 Paid Leave Markup
2. County Amendment 24-0583 Paid Leave
3. Ordinance Amending Chapter 11 (Village Government Miscellanous Provisions) RE
Conflicts with Cook County Minimum Wage and Paid Leave Ordinances
4. 2017 VB Agenda Packet - Village Opt Out
Article XI
CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES
11.1101: HOURLY WAGES AND MGK PAID LEAVE:
11.1101: HOURLY WAGES AND MGK PAID LEAVE:
A. Employers within the Village shall comply with all applicable Federal and/or State laws and
regulations as such laws and regulations may exist from time to time with regard to both the
payment of minimum hourly wages and paid 4(-k- leave. Employee eligibility for paid �� (-k— leave
and minimum hourly wages shall also be in compliance with all applicable Federal and/ or State
laws and regulations as such laws and regulations may exist from time to time.
B. No additional obligations with regard to paid 4(-k- leave, or minimum hourly wages imposed by
any ordinance adopted by the County of Cook Board of Commissioners shall apply to employers
located within the Village. 1 -he Villag.:uIt5 2�jt ofan............S.......U.......C.......I..�.........o.........r.....�.......i.....~.......r.........~......� ........(.5.......r.d........o........j,.....t.�..........L .............................�2.�1.! .....t
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of Cook I%$C,7ard of a.CJI'Y°tll'Y°tlissiCJn�:'r.. tl' i.t irri,p5� ,..,5 c:�6j�jit1CJnal obligations with re c:�rd to , i. i°� 1�::^C::�re
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C. For the purposes of this section, the term "employee" means an individual permitted to work by
an employer regardless of the number of persons the employer employs, and the term
"employer" means any person employing one (1) or more employees, or seeking to employ one
(1) or more employees, if the person has its principal place of business within the Village or does
business within the Village.
D. For the purposes of this section, the term "employer" does not mean:
1. The government of the United States or a corporation wholly owned by the government of
the United States;
2. A Tribal Government or a corporation wholly owned by a Tribal Government;
3. The government of the State or any agency or department thereof; or
4. The government of any municipality.
CERTIFICATE AS KEEPER OF RECORDS AND FILES
STATE OF ILLINOIS, )
ss.
COUNTY OF COOK )
I, KAREN A. YARBROUGH, County Clerk of Cook County, in the State aforesaid and keeper of the
records and files of said Cook County, do hereby certify that the attached is a true and exact copy of an
Ordinance Amendment (24-0583) Paid Leave. Approved and adopted by the Cook County Board of
Commissioners at their meeting of Thursday, December 14th, 2023, all of which appears from the records
and files of my office.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the Seal of said County at my office in the City of
Chicago in said County, this 25th day of January A.D.
2024.
COUNTY CLERK
24-0583
ORDINANCE AMENDMENT
Sponsored by
THE HONORABLE TONI PRECKWINKLE, PRESIDENT, ALMA E. ANAYA,
ANTHONY J. QUEZADA, FRANK J. AGUILAR, SCOTT R. BRITTON, BRIDGET DEGNEN,
KEVIN B. MORRISON, JOSINA MORITA, TARA S. STAMPS AND MAGGIE TREVOR,
COUNTY COMMISSIONERS
PAID LEAVE
BE IT ORDAINED, by the Cook County Board of Commissioners, that CHAPTER 42, HUMAN
RELATIONS, ARTICLE II, IN GENERAL, DIVISION 1, PAID LEAVE, Section 42-1 through 42-10 of
the Cook County Code is hereby amended as Follows:
DI VISION ].APALE n a.PAID LEAVE
See. 42-1. Short title.
This article [division] shall be known and may be cited as the Cook County Effffied Siel Paid Leave
Ordinance ("Ordinance").
Sec. 42-2. Definitions.
The following words, terms and phrases, when used in this article shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Agency means the Cook County Commission on Human Rights.
Construction Industry means any constructing, altering, reconstructing, repairing, rehabilitating,
refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance,
landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from
any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water
works, parking facility, railroad, excavation or other structure, project, development, real property or
improvement, or to do any part thereof, whether or not the performance of the work herein described
involves the addition to, or fabrication into, any structure, project, development, real property or
improvement,
rd- -oma,-Se ^el eetio . or to do any part thereof, whether or not the performance of the work herein described
involves the addition to or fabrication into, any structure, project, development, real property, or
improvement herein described of any material or article of merchandise. Construction industry also
elude _ eans r+Ietieff -Felac ed mar eii Job site of to of ffem t4�, includes snow
plowing, snow removal, and refuse collection.
Domestic Work and Domestic Worker have the same meanings as defined in Section 10 of the
Domestic Workers' Bill of Rights Act, except that "domestic worker" also includes independent contractors,
sole proprietors, and partnerships.
Emplovee has the same application and meaning as that provided in Sections 1 and 2 of the Illinois
Wage Payment and Collection Act. "Employee" also includes all domestic workers, and, for the purposes
of this Division, domestic workers shall not be excluded as employees under the provisions of item (1), (2),
or (3) of Section 2 of the Illinois Wage Payment and Collection Act. "Employee" does not include:
(1) an Employee as defined in the federal Railroad Unemployment Insurance Act (45 U.S.C. 351 et
(2) a student enrolled in and regularly attending classes in a college or university that is also the
student's Employer, and who is employed on a temporary basis at less than full time at the collegeor
university, but this exclusion applies only to work performed for that college or university; or
(3) a short-term Employee who is employed by an institution of higher education for less than 2
consecutive calendar quarters during a calendar year and who does not have a reasonable expectation that
they will be rehired by the Is me Employer of the same service in a subsequent calendar
Employer has the same application and meaning as that provided in Sections 1 and 2 of the Illinois
Wage PUment and Collection Act, except that for purposes of this Division, "Employer" does not
mean:
(1) The government of the United States or a corporation wholly owned by the government of
the United States; or
(2) An Indian tribe or a corporation wholly owned by an Indian tribe; or
(3) The government of the State or any agency or department thereof,
(4) Units of Weal gaixeffiffient.
Writing or written means a printed or printable communication in physical or electronic format,
including a communication that is transmitted through electronic mail, text message, or a computer system
or is otherwise sent or stored electronically.
See. 42-3. Earned siek Paid leave.
(a) G,,, i D,;ov . Purpose.
shall be eligible f Y E.,.ned Siek Leave pfavided, rEler this Seel o . It is in the public policy
interest of Cook County to have some paid leave from work to maintain their health and well-
being, care for their families, or use for any other reason of their choosing.
..
Writing or written means a printed or printable communication in physical or electronic format,
including a communication that is transmitted through electronic mail, text message, or a computer system
or is otherwise sent or stored electronically.
See. 42-3. Earned siek Paid leave.
(a) G,,, i D,;ov . Purpose.
shall be eligible f Y E.,.ned Siek Leave pfavided, rEler this Seel o . It is in the public policy
interest of Cook County to have some paid leave from work to maintain their health and well-
being, care for their families, or use for any other reason of their choosing.
]�iRf�lCf!/Sf�fIL'l.�ffRSSITl_f_ _R7RS _ i'llfR��
It is the intent of the Cook County Board of Commissioners by enacting this Division:
(1) To establish a minimum paid leave standard for all workers in Cook Count.
(2) To provide employment security and economic security for employees who need to use paid
time off from work for any reason.
(3) To safeguard the welfare, health, safety, and prosperity of the people of Cook County.
(4) To ensure that an Employee not be denied use of leave for noncompliance with leave
notification policies if the Employer has not provided a written copy of its notification policy to
the Employee.
In order to effectuate this intent, the provisions of this Division shall be liberally construed in
favor of providing workers with the greatest amount of paid time off from work and employment
security.
b) Nothina in this Division shall be construed to discourage Emplovers from adoptine or retainin
paid sick leave, paid vacation, paid holidays, or any other paid time off or paid leave policy more
generous than policies that comply with the requirements of this Division. Nothing in this
Division shall be construed to discourage or prohibit an Employer from allowing the use of paid
leave at an earlier date than this Division requires. Unless otherwise provided in a collective
bar ag ining agreement, nothing in this Division shall be construed to waive or otherwise limit an
Employee's right to final compensation for any type of leave promised to be paid under a contract
of employment or employmentpolicy and earned by the Employee pursuant to the Illinois Wage
Payment and Collection Act.
(c) Provisions of Paid Leave.
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(1) An Employee who works in Cook County is entitled to earn and use up to a minimum of 40 hours
of paid leave during a 12 -month period or a pro rata number of hours of paid leave under the provisions
of subsection (2) of this section. The paid leave may be used by the Employee for any purpose as long
as the paid leave is taken in accordance with the provisions of this Division.
MIN
MIN
11,11, IN
-
(1) An Employee who works in Cook County is entitled to earn and use up to a minimum of 40 hours
of paid leave during a 12 -month period or a pro rata number of hours of paid leave under the provisions
of subsection (2) of this section. The paid leave may be used by the Employee for any purpose as long
as the paid leave is taken in accordance with the provisions of this Division.
(2) Paid leave under this Division shall accrue at the rate of one hour of paid leave for every 40 hours
worked up to a minimum of 40 hours of paid leave or such greater amount if the Employer provides
more than 40 hours. Employees who are exempt from the overtime requirements of the federal Fair
Labor Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40 hours in each workweek for
purposes of paid leave accrual unless their regular workweek is less than 40 hours, in which case paid
leave accrues based on that regular workweek. Employees shall determine how much paid leave they
need to use, however, Employers may set a reasonable minimum increment for the use of paid leave
not to exceed 2 hours per day. If an Employee's scheduled workday is less than 2 hours day, the
Employee's scheduled workday shall be used to determine the amount of paid leave.
(3) An Employer may make available the minimum number of hours of paid leave, subject to pro rata
requirements provided in subsection (2), to an Employee on the first day of employment or the first
day of the 12 -month period. Employers that provide the minimum number of hours of paid leave to
an Employee on the first day of employment or the first day of the 12 -month period are not required
to carryover paid leave from 12 -month period to 12 -month period and may require Employees to use
all paid leave prior to the end of the benefit period or forfeit the unused paid leave. However, under
no circumstances shall an Employee be credited with paid leave that is less than what the Employee
would have accrued under subsections (1) and (7) of this Section.
(4) The 12 -month period may be any consecutive 12 -month period designated by the Employer in
writing at the time of hire. Changes to the 12 -month period may be made by the Employer if notice is
given to Employees in writing prior to the change and the change does not reduce the eligible accrual
rate and paid leave available to the Employee. if the Employer changes the designated 12 -month
period, the Employer shall provide the Employee with documentation of the balance of hours worked,
paid leave accrued and taken, and the remaining paid leave balance.
(5) Paid leave under this Act may be taken by an Employee for any reason of the Employee's choosing_
An Employee is not required to provide an Employer a reason for the leave and may not be required
to provide documentation or certification as proof or in support of the leave. An Employeey choose
whether to use paid leave provided under this Division prior to using any other leave provided by the
Employer or State law.
(6) Employees shall be paid their hourly rate of pay for paid leave. However, Employees en ag ged in
an occupation in which gratuities or commissions have customarily and usually constituted and have
been recognized as part of the remuneration for hire purposes shall be paid by their Employer at least
the full minimum wage in the jurisdiction in which they are employed when paid leave is taken. This
wage shall be treated as the Employee's regular rate of pay for purposes of this Division.
(7) Paid leave under this Division shall begin to accrue at the commencement of employment or on
the effective date of this Act, whichever is later. Employees shall be entitled to begin using paid leave
90 days following commencement of their employment or 90 days following the effective date of this
Division, whichever is later.
(8) Paid leave under this Division shall be provided upon the oral or written request of an Employee
in accordance with the Employer's reasonable paid leave policy notification requirements which may
include the following:
(a) If use of paid leave under this Division is foreseeable, the Employer may require the Employ
to provide 7 calendar days' notice before the date the leave is to begin.
(b) If paid leave under this Division is not foreseeable, the Employee shall provide such notice as
soon as is practicable after the Employee is aware of the necessity of the leave. An Employer that
requires notice of paid leave under this Division when the leave is not foreseeable shall provide a
written policy that contains procedures for the Employee to provide notice.
(c) Employers shall provide Employees with written notice of the paid leave policy notification
requirements in this Section in the manner provided in Section 42-6 for notice and posting
within 5 calendar days of any change to the Employer's reasonable paid leave policy notification
requirements.
(d) An Employer may not require, as a condition of providing paid leave under this Division, that
the Employee search for or find a replacement worker to cover the hours during which the
Employee takes paid leave.
(9) Except as provided in subsection (3) of this Section, paid leave under this Division shall carry over
annually to the extent not used by the Employee, provided that nothing in this Division shall be
construed to require an Employer to provide more than 40 hours of paid leave for an Employee in the
12 -month period unless the Employer agrees to do so.
(10) Nothing in this Section shall be construed as requiring financial or other payment to an Employee
from an Employer upon the Employee's termination, resignation, retirement, or other separation from
employment for paid leave accrued under this Division that has not been used. Nothing in this Section
shall be construed as requiring financial or other reimbursements to an Employee from an Employer
for unused paid leave under this Division at the end of the benefit year or any other time.
(11.) If an Employee is transferred to a separate division, entity, or location, but remains employed by
the same Employer, the Employee is entitled to all paid leave accrued at the prior division, entity, or
location and is entitled to use all paid leave as provided in this Section. If there is a separation from
employment and the Employee is rehired within 12 months of separation by the same Employer,
previously accrued paid leave that had not been used by the Employee shall be reinstated. The
Employee shall be entitled to use accrued paid leave at the commencement of employment following a
separation from employment of 12 months or less.
(12) Paid leave under this Division shall not be charged or otherwise credited to an Employee's paid
time off bank or Employee account unless the Employer's policy permits such a credit. If the paid leave
under this Division is credited to an Employee's paid time off bank or Employee vacation account then
any unused paid leave shall be paid to the Employee upon the Employee's termination, resignation,
retirement, or other separation to the same extent as vacation time under existing Illinois law or rule.
Nothing in this Division shall be construed to waive or otherwise limit an Employee's right to final
compensation for promised and earned, but unpaid vacation time or paid time off, as provided under
the Illinois Wage Payment and Collection Act and rules. Employers shall provide Employees with
written notice of changes to the Employer's vacation time, paid time off, or other paid leave policies
that affect an Employee's right to final compensation for such leave.
(13) During my period an Employee takes leave under this Division, the Employer shall
maintain coverage for the Employee and nfly member under any group health plan for the
duration of such leave at no less than the level and conditions of coverage that would have been
provided if the Employee had not taken the leave. The Employer shall notify the Employee that the
Employee is still responsible for paving the Employee's share of the cost of the health care coverage, if
MY-.
(14) An agreement by an Employee to waive the Employee's rights under this Division is void as
against public policy.
{Sec. 42-4. Reserved.]
Sec. 42-5. Application to collective bargaining agreements.
Nothing in this Division shall be deemed to interfere with, impede, or in any way diminish the right
of Employees to bargain collectively with their Employers through representatives of
their own choosing in order to establish wages or other conditions of work in excess of the applicable
minimum standards of the provisions of this Division. The requirements of this Division may be waived in
a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement
in clear and unambiguous terms. Nothing in this Division shall be deemed to affect the validity or change
the terms of bona fide collective bargaining agreements in f _ee ei the off etivo date of this effect on
January 1, 2024. Division.. After that date, requirements of this Division may be waived in a bona fide
collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and
unambiguous terms. in tie eveR4 shall this Division apply to any ca-"er-ed ER+Pleyee war -king in t
In no event shall this
Division apply to any Employee working in the construction industry who is covered by a bona fide
collective bargaining agreement,
Sec. 42-6. Related Employer responsibilities; Notice and posting.
(a) Every Employer shall post in a conspicuous place at each facility where any Geed Employee works
that is located within the geographic boundaries of Cook County a notice advising the Gavered
Employee of his of lief Employee rights to Eamed Siek Time Paid Leave under this Division. The
Agency shall prepare and make available a form notice that satisfies the requirements of this Division.
Employers that do not maintain a business facility within the geographic boundaries of the County are
exempt from this subsection.
(b) Every Employer shall provide to a Levered Employee at the commencement of employment written
notice advising the Fevered Employee of his of hefEmployee rights to Efffied Siek Paid Leave
under this Division.. The Agency shall prepare and make available a form notice that satisfies the
requirements of this Division.
(c) An Employer subject to this Division shall make and preserve records documenting hours worked,
paid leave accrued and taken, and remaining paid leave balance for each Employee for a period of not
less than 3 years and shall allow the Agency access to such records, at reasonable times during
business hours, to monitor compliance with the requirements of this Division. In addition, the records
shall be preserved for the duration of any claim pending pursuant to this Division. An Employer
provides paid leave on an accrual basis shall provide notice of the amount of paid leave accrued or
used by an Employee upon request by the Employee in accordance with the Employer's reasonable
paid leave policy notification provisions. An Employer that fails to comply with this subsection is in
violation of the Division and subject to the civil penalties established in Section 42-8.
(d) An Employer who provides any type of paid leave policy that satisfies the minimum amount of leave
required this Division is not required to modify the policy if the policy offers an Employee the option,
at the Employee's discretion, to take paid leave for any reason. Nothing in this Division shall be
construed as requiring financial or other reimbursements to an Employee from an Employ
unused paid leave under this Division. Nothing in this Division shall be construed to discourage an
Employer from adopting_a paid leave policy more generous than the requirements of this Division.
(e) For Domestic Workers, if an Employer requires evidence of hours worked for other Employers
confirm that the Domestic Worker has worked or is scheduled to work 8 or more hours in the aggregate
for any relevant workweek, a signed statement by the Domestic Worker stating that the Domestic
Worker has performed or is scheduled to perform domestic work for 8 or more hours in the aggregate
for any relevant workweek shall satisfy any documentation requirements of hours worked under the
Domestic Workers' Bill of Rights Act and this Act. Such Employer shall not require more than one
signed statement in a calendar quarter if the hours the Domestic Worker has performed or is scheduled
to perform domestic work have not decreased to less than 8 hours in the aggregate in any relevant
workweek in that calendar quarter. An Employer that requires evidence of hours worked must give
the Domestic Worker written notice of such request and allow no fewer than 7 days or until the next
scheduled workday, whichever is greater, for the domestic worker to comply with the request. The
Employer may not deny paid leave pending submission of the signed statement.
(D An Employer shall post and keep posted in a conspicuous place on the premises of the Employer where
notices to employees are customarily posted, and include it in a written document, or written employee
manual or policy if the Employer has one, a notice, to be prepared by the Agency, summarizing the
requirements of this Division and information pertaining to the filing of a charge upon commencement
of an Employee's employment or 90 days following the effective date of this Division, whichever is
later. If an Employer's workforce is comprised of a significant portion of workers who are not literate
in English, the Employer shall notify the Agency and a notice in the appropriate language shall be
prepared by the Agency. Employees may also request that the Agency provide a notice in languages
other than English, which the Employer must post in accordance with this subsection. An Employ
who violates this subsection shall be fined a civil penalty of $500 for the first audit violation and
$1,000 for any subsequent audit violation.
(g) No Employer shall interfere with, deny, or change an Employee's work days or hours to avoid
providing eligible paid leave time to an Employee.
Sec. 42-7. Retaliation prohibited.
3
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It is unlawful for any ployer to threaten to take or to take any adverse action against an Employ
because the Employee (1) exercises rights or attempts to exercise rights under this Division, (2) opposes
practices which the Employee believes to be in violation of this Division, or (3) supports the exercise of
rights of another under this Division. It is unlawful for any Employer to consider the use of paid leaveby
an Employee as a negative factor in any employment action that involves evaluating, promoting,
disciplining; or counting paid leave under a no-fault attendance policy. Such retaliation shall subject an
Employer to civil penalties pursuant to this Division. An employee who has been unlawfully retaliated
against shall also be entitled to recover through a claim filed with the Agency, all legal and equitable relief
as may be appropriate.
Sec. 42-8. Enforcement and penalties.
(a) The Agency shall administer and enforce this Division in accordance with Chapter 42, Article II,
Section 42-34 of the Cook County Human Rights Ordinance, except as allowed for in subsection (b)
of this Section. The Department shall administer and enforce this Act.
(b) If any Employer violates any of the E&med Sie Paid Leave provisions in this Division, the affected
Employee may recover in -97 -civil action damages equal to three times the full amount of any
unpaid Paid Leave denied or lost by reason of the violation, and the interest on that amount
calculated at the prevailing rate, together with costs and such reasonable attorney's fees as the court
allows. Such action may be brought without first filing an administrative complaint. The statute of
limitations for a civil action brought pursuant to this Division shall be for a period of three years from
the date of the last event constituting the alleged violation for which the action is brought. In the
alternative, an Employee may file a complaint with the Agencyging violations of the Division
within 3 years after the alleged violation. An Employer that violates this Division is liable to any
affected Employee for damages in the form of the actual underpayment, compensatory damages, and
a penalty of not less than $500 and no more than $1,000.
(c) The Agency has the power to conduct investigations in connection with the administration and
enforcement of this Division, including the power to conduct depositions and discovery and to issue
subpoenas. If the Agency finds cause to believe that this Division has been violated, the Agency shall
proceed with its hearing process.
(d) The Agency is also authorized to impose civil penalties for any violation of this Division. An Employer
that violates this Division or any rule adopted under this Division may be subject to a civil penalty f
$2,500 for each separate offense. An offense means any violation of this Division with the exception
of a violation of the notice requirement in Section 42.3 and 42.6 of this Division.
(e) The Agency is authorized to collect and supervise the payment of any damages awarded pursuant to
this Section. Any sums recovered by the Agency on behalf of an Employee or Employees under this
Division shall be paid to the Employee or Employees affected. The Agency is not authorized to collect
and supervise the payment of any awarded attorney's fees. Those fees shall be subject to collection by
the attorney awarded such fees.
(fl The State's Attorney mag an action to enforce the collection of any awards made under this
Division.
(g) The Agency shall not order remedies for violations of the paid leave provisions under this Division
until after January 31, 2024.
(h) The Agency may adopt rules necessary to administer and enforce this Division.
Sec. 42-9. Effect of invalidity; severability.
If any section, subdivision, paragraph, sentence, clause, phrase or other portion of this local law is, for
any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction,
such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the
validity of the remaining portions of this local law, which remaining portions shall continue in full force
and effect.
Sec. 42-10. Effective date.
This Division shall take effect on December 31. 2023.
Effective date: This ordinance shall be in effect on December 31, 2023.
Approved and adopted this 14th of December 2023.
TONI PRECKWINKLE, President
Cook County Board of Commissioners
(S E A L)
Attest:
KAREN A. YARBROUGH, County Clerk
APPEO(VED BY lullE BOARD OF
COOK tm OUNT Y" CAePA'IIIDwllS"r"-bOMElRS
DEC 14 202
C01W1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 "MERCHANTS, BUSINESSES AND
OCCUPATIONS" OF THE MOUNT PROSPECT VILLAGE CODE WITH REGARD TO
CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES
(COOK COUNTY MINIMUM WAGE AND PAID LEAVE ORDINANCES)
WHEREAS, the Village of Mount Prospect ("Village") is a home rule Illinois Municipal
Corporation pursuant to Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, on October 5, 2016, the County of Cook Board of Commissioners adopted
Ordinance 16-5768, entitled "An Ordinance Establishing Earned Sick Leave For Employees In
Cook County," that requires private employers in Cook County to provide a minimum number of
paid sick days to employees; and
WHEREAS, on October 26, 2016, the County of Cook Board of Commissioner adopted
Ordinance 16-4229, entitled "An Ordinance Creating A Minimum Wage In Cook County,"
requiring a minimum wage to be paid by private employers in Cook County; and
WHEREAS, on December 14, 2023, the County of Cook Board of Commissioner adopted
Ordinance Amendment 24-0583, entitled "Paid Leave," amending the "Earned Sick Leave
Ordinance" to now require private employers in Cook County to provide a minimum number of
paid leave days to employees; and
WHEREAS, Article VII, Section 6(c) of the Illinois Constitution provides that, where "a home
rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance
shall prevail within its jurisdiction;" and
WHEREAS, the Village finds that Cook County Ordinances 16-5768 and 16-4229 place an
undue and unequal burden on employers within the Village, given the current requirements for
employers under Federal and State law;
WHEREAS, Cook County Ordinances 16-5768 and 16-4229 create and contribute to a
burdensome patchwork quilt of regulation regarding the wages and benefits of employees that is
properly a matter of Statewide concern that is outside the power of Cook County to regulate; and
WHEREAS, pursuant to its authority under Article VII, Section 6(c) of the Illinois Constitution,
the Village finds it in the best interest of the Village, Village residents, Village employers, and
public health, safety and welfare to amend the Village Code of Mount Prospect to clearly define
the paid leave and minimum wage regulations that apply to employers located in the Village as
being those set forth in State and Federal law;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF COOK, STATE
OF ILLINOIS AS FOLLOWS:
575949
SECTION 1: That the recitals above shall be and are hereby incorporated in this Section 1 as if
restated herein.
SECTION 2: Chapter 11, "Merchants, Businesses and Occupations" of the Village Code of
Mount Prospect is hereby amended Article XI, Section 11.1101, entitled "Hourly Wages and
Paid Leave," which shall read in its entirety as follows:
"Section 1101: Hourly Wages and Paid Leave:
(a) Employers located within the Village shall comply with all
applicable Federal and/or State laws and regulations as such laws
and regulations may exist from time to time with regard to both the
payment of minimum hourly wages and paid leave. Employee
eligibility for paid leave and minimum hourly wages shall be in
compliance with all applicable Federal and/or State laws and
regulations as such laws and regulations may exist from time to
time.
(b) No additional obligations with regard to paid leave and/or
minimum hourly wages imposed by any ordinance adopted by the
County of Cook Board of Commissioners shall apply to any
employer located within the Village. The Village opts out of any
such ordinance(s) adopted by the County of Cook Board of
Commissioners, and any such ordinance(s) adopted by the County
of Cook Board of Commissioners that imposes additional
obligations with regard to paid leave and/or minimum hourly
wages.
(c) For the purposes of this Section, the term "employee" means an
individual permitted to work by an employer regardless of the
number of persons the employer employs, and the term "employer"
means any person employing one (1) or more employees or
seeking to employ one (1) or more employees, if the person has its
principal place of business within the Village or does business
within the Village.
(d) For the purposes of this Section, the term "employer" does not
mean:
1. The government of the United States or a
corporation wholly owned by the government of the United
States;
575949
2. A Tribal Government or a corporation wholly
owned by a Tribal Government;
3. The government of the State or any agency or
department thereof, or
4. The government of any municipality."
SECTION 3: Any policy, resolution, or ordinance, of the Village that conflicts with the
provisions of this Ordinance shall be and are hereby expressly repealed to the extent of such
conflict.
SECTION 4: Each section, paragraph, clause and provision of this Ordinance is separable, and
if any section, paragraph, clause or provision of this Ordinance shall be held unconstitutional or
invalid for any reason, the unconstitutionality or invalidity of such section, paragraph, clause or
provision shall not affect the remainder of this Ordinance, nor any part thereof, other than that
part affected by such decision.
SECTION 5: This Ordinance shall be in full force and effect after its passage, approval and
publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED AND APPROVED this day of , 2024.
Paul Wm. Hoefert, Mayor
ATTEST:
Karen M. Agoranos, Village Clerk
575949
Item X. B.: 1st reading of AN ORDINANCE AMENDING CHAPTER 11 OF THE VILLAGE CODE OF
MOUNT PROSPECT WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE
COUNTY ORDINANCES
Department:
Recommendation:
Staff recommends Board approval of the Ordinances to opt out of the new Cook County minimum wage
and sick leave requirements.
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ATTACHMENTS:
Description Type Upload File Name
Date
D KTJ memo Cover 1/25/2017 Memo to M. Cassady_re_Cook County_sick_leave_ and wage_ordinances_(3).pdf
Memo — — — —
o Ord -amend Ordinance 1/25/2017 Ordinance- Cook County_Sick_Leave _and _Min _Wage.pdf
chapter 11 — —
Village Board Meeting - February 7, 2017 Page 65 of 107
20 N. Wacker Drive, Ste 1660
Chicago, Illinois 60606-2903
T 312 984 6400 F 312 984 6444
FKPNI,UQ�t1PE� .IE�NKIIN'S, �_'f'L).Atourrcys at. Lavv
MEMORANDUM
15010 S. Ravinia Avenue, Ste 10
Orland Park, Illinois 60462-5353
T 708 349 3888 F 708 349 1506
www.ktjlaw.com
TO: Mike Cassady, Village Manager
FROM: Lance C. Malina and Kathleen M. Terese
DATE: January 25, 2017
RE: Cook County Ordinances on Sick Leave and Minimum Wage
We were asked to provide a summary of the new requirements under the Cook County
sick leave and minimum wage ordinances and an analysis of the Village of Mount
Prospect's options for opting out of the new requirements.
I. Cook County Sick Leave Ordinance
On October 5, 2016 the Cook County Board of Commissioners approved an ordinance
that establishes earned sick leave for employees in Cook County. The ordinance will
take effect on July 1, 2017.
The ordinance requires that employers with at least one employee with a place of
business in Cook County must comply with the new requirements. A covered employee
is one that in a particular two-week period performs at least two hours of work for an
employer while physically present in Cook County. Covered employees are eligible for
earned sick leave if they work at least 80 hours for an employer within a 120 -day period.
Covered employees will begin to accrue paid sick leave on the first calendar day after
starting covered employment or on the date the ordinance goes into effect. For every 40
hours that the covered employee works after they begin accruing sick leave, he/she
shall accrue one hour of earned sick leave. The accrued sick leave will cap at 40 hours
of earned sick leave accrued per 12 -month period. At the end of the 12 -month period, a
covered employee can carry over half of their unused sick leave (up to 20 hours max).
The earned sick time may be used when the employee or an employee's family member
is ill or injured or in order for the employee to receive medical care, treatment, diagnosis
or preventative care or if the employee or family member is a victim of domestic
violence. Family member includes child, spouse, parent, sibling, grandparent or
375066_1
Village Board Meeting - February 7, 2017 Page 66 of 107
grandchild. The new requirements do not interfere with the rights of covered employees
to enter into collective bargaining agreements with their employers. The ordinance can
be waived in a collective bargaining agreement if done so clearly.
If an employer violates the sick leave ordinance, the employee may recover damages in
a civil action equal to three times the full amount of unpaid sick leave denied or lost by
reason of the violation. The employee can also recover the interest on that amount
owed.
II. Cook County Minimum Wage Ordinance
On October 26, 2016, the Cook County Board of Commissioners also approved an
ordinance that establishes a minimum wage in Cook County. This ordinance also takes
effect on July 1, 2017. Covered employees under this ordinance are defined that same
as under the sick leave ordinance. However, employers are defined differently under
this ordinance. For an employer to be covered, they must still employ at least one
covered employee. However to qualify, an employer must maintain a business facility
within Cook County and/or be subject to one or more of the license requirements in
Chapter 54 of the Cook County Code.
Under the ordinance, every qualifying employer shall pay no less than the wages set
forth to each covered employee for each hour of work performed while physically
present in Cook County. The ordinance sets forth the minimum hourly wage beginning
July 1, 2017 as the greater of: minimum wage set by minimum wage law, minimum
hourly wage set by the Fair Labor Standards Act or $10.00 per hour. The amount per
hour then increases by one dollar per hour each year according to the ordinance for the
next three years, up to $13.00 per hour. The ordinance also specifies the minimum
hourly wage for occupations that receive gratuities.
Employers who fail to follow the Cook County requirements as to minimum wage are
subject to fines of $500-$1,000 for each offense and for each date that the violation
continues.
III. The Village of Mount Prospect's Options
The Village of Mount Prospect, as a home rule municipality, can draft an ordinance
opting out of the new Cook County minimum wage and sick leave requirements within
the boundaries of the municipality. The ordinance would be to amend the Village Code
in order to clearly define the sick leave and minimum wage regulations that apply to
employers in the Village of Mount Prospect. The Code would be amended to state that
375066_1
Village Board Meeting - February 7, 2017 Page 67 of 107
employers within the Village must comply with all federal and/or state laws and
regulations regarding minimum hourly wage and paid sick leave and that no additional
obligations with regard to paid sick leave or minimum hourly wages shall apply,
including any additional obligations adopted by the Cook County Board of
Commissioners.
There are some limitations in terms of the reach of an ordinance passed by the Village
to opt out of the Cook County requirements. The first limitation is on businesses taking
advantage of the 6B tax classification incentives. Under section 74-74 of the County
Code, as amended by the minimum wage ordinance, any business seeking a property
tax incentive from the County is required to submit an affidavit or certification that the
applicant pays a wage that meets the Cook County minimum wage ordinance
requirements. At this time, the same does not apply to the sick leave requirements
imposed by Cook County. Therefore, even if Mount Prospect enacts an opt -out
ordinance, if a business is seeking a 6B tax classification in the Village of Mount
Prospect, the business will still need to comply with the Cook County ordinance as to
minimum wage requirements.
Another potential limitation is that if there is a business that has a place of business
within the Village that also has business in another village in Cook County; that
business could still be subject to the minimum wage/sick leave ordinances if the other
village does not opt out of the ordinances.
Please let us know if you have questions.
375066_1
Village Board Meeting - February 7, 2017 Page 68 of 107
ORDINANCE NO.
ORDINANCE AMENDING CHAPTER 11 OF THE VILLAGE CODE OF MOUNT
PROSPECT WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE
COUNTY ORDINANCES
WHEREAS, the Village of Mount Prospect ("Village"), as a home rule unit of local
government as provided by Article VII, Section 6 of the Illinois Constitution of 1970, has the
authority to exercise any power and perform any function pertaining to its government and
affairs except as limited by Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, on October 5, 2016, the County of Cook Board of Commissioners adopted
an ordinance that requires employers in "Cook County" to provide a minimum number of paid
sick days to employees ("Cook County PaidVick Leave Ordinance"); and
WHEREAS, on October 26, 2016, the County of Cook Board of Commissioner adopted
an ordinance creating a minimum wage for employers in "Cook County" ("Cook County
Minimum Wage Ordinance"); and
WHEREAS, the Village of Mount Prospect finds that these Cook County Ordinances
place an undue burden on employers within the Village of Mount Prospect given the current
rights of employees available under Federal and State law; and
WHEREAS Article VII, Section 6(c) of the Illinois Constitution provides that if a home
rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance
shall prevail within its jurisdiction; and
WHEREAS, pursuant to its home rule powers, the Village of Mount Prospect finds it in
the best interest of the Village to amend the Village Code to clearly define the sick leave and
minimum wage regulations that apply to employers located in the Village of Mount Prospect.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
AS FOLLOWS:
SECTION ONE: The recitals above shall be and are hereby incorporated in this
Section 1 as if restated herein.
SECTION TWO: Chapter 11 of the Village Code of Mount Prospect is hereby
amended by adding a new Section XXXX to read in its entirety as follows:
"Article XXXX — CONFLICTS WITH CERTAIN HOME RULE COUNTY
ORDINANCES
A. Employers located within the Village shall comply with all applicable federal and/or
State laws and regulations as such laws and regulations may exist from time to time
with regard to both the payment of minimum hourly wages and paid sick leave.
Employee eligibility for paid sick leave and minimum hourly wages shall also be in
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Village Board Meeting - February 7, 2017 Page 69 of 107
ORDINANCE AMENDING CHAPTER 11 OF THE VILLAGE CODE OF MOUNT
PROSPECT WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE
COUNTY ORDINANCES
compliance with all applicable federal and/or State laws and regulations as such laws
and regulations may exist from time to time.
B. No additional obligations with regard to paid sick leave, or minimum hourly
wages imposed by any ordinance adopted by the County of Cook Board of
Commissioners shall apply to employers located within the Village.
C. For the purposes of this Section, the term "employee" means an individual permitted
to work by an employer regardless of the number of persons the employer employs,
and the term "employer" means any person employing one or more employees, or
seeking to employ one or more employees, if the person has its principal place of
business within the Village or does business within the Village.
D. For the purposes of this Section, the term "employer" does not mean:
(a) The government of the United States or a corporation wholly owned by
the government of the United States;
(b) An Indian tribe or a corporation wholly owned by an Indian tribe;
(c) The government of the State or any agency or department thereof, or
(d) The government of any municipality."
SECTION THREE: This Ordinance shall be in full force and effect, after passage,
approval and publication as required by law.
AYES:
NAYS:
ABSENT:
ADOPTED this day of , 2017.
ATTEST:
Village Clerk
375184_1
Village President
Village Board Meeting - February 7, 2017 Page 70 of 107