Latimer LeVay Fyock, LLCLatimer LeVay Fyock, LLC

Chicagoans Who Employ Domestic Workers Must Provide Them With Written Contracts As Of January 1, 2022

In Chicago, the new year brings with it new rights for nannies, home care aides, home cleaners, and other domestic workers, and new obligations for those who employ them.

Effective January 1, 2022, all Chicagoans who employ domestic workers must provide their workers with a written contract setting forth their pay and work schedule, among other requirements. This means that anyone in the city who pays a worker for housekeeping, nanny services, caregiving, personal care, or home health services needs to promptly meet with and agree with that worker about the terms of their employment.

The new mandate issued by Mayor Lori Lightfoot and the Chicago Department of Business Affairs and Consumer Protection (BACP) on December 29, 2021 updated the Municipal Code of Chicago and makes Chicago the largest city in the country to require written contracts for domestic and household employees. Under the new ordinance:

  • Employers of domestic workers in Chicago must give their workers a written contract in their primary language, as requested by the worker.
  • The contract must set forth the worker’s wage and work schedule, including specific start and end times for each shift during a calendar week.
  • A written contract must be provided and signed by both parties regardless of whether the worker is an employee or independent contractor.
  • The contract can be printed or provided in electronic form, including in an e-mail.
  • Any violation of the ordinance is punishable by a fine of $500.00, and each violation shall constitute a separate offense. BACP is charged with enforcing the new mandate.

Those who employ domestic workers should review their contracts with the worker each year or when there is a change to responsibilities, wages, or work schedules. In conjunction with Arise Chicago and the Illinois Domestic Worker Coalition, the city has provided sample contracts in English, Spanish, and Polish that employers and workers can use to satisfy the terms of the ordinance.

To learn more, please reach out to your usual contact at LLF or to Monica Palermo at mpalermo@llflegal.com or Saskia Bryan at sbryan@llflegal.com.