Who does the Chicago rule cover?

The employee works in one of seven covered industries: building services, healthcare, hotels, manufacturing, restaurants, retail or warehouse services; The employee earns no more than $33.85 an hour or $64,945.55 a year (the ceiling the City lists; it is adjusted each July 1); The employer has at least 100 employees globally (restaurants: 250 employees and 30 locations). Check coverage with the labor office.

Does a split shift count?

No: the rule counts a shift after the previous calendar day's shift or after a shift that ran past midnight. Two shifts inside one calendar day are not counted.

Chicago: 10 hours between shifts

Chicago Fair Workweek Ordinance (Municipal Code 6-110-070). 1.25 times the regular rate for the whole shift that starts less than 10 hours after the previous day's shift. After the previous day's shift.

Sample data: a 3 PM to 11 PM close, then a 7 AM open. Type your own shifts.

Where the shifts were worked

Closing shift startedClosing shift endedNext shift startedNext shift ended

Hourly rate of the next shift$/hThe rate the premium multiplies.

Times in local time; the gap is the real elapsed time, so the nights the clocks change count one hour more or less. Nothing you type leaves this browser.

Result

Premium owed: $40.00
Rest between the shifts: 8 h
Chicago rest window: 10 h
Inside the window?: Yes
Hours the premium applies to: 8 h
Pay for those hours at the rest rate: $200.00

1.25 times the regular rate for the whole shift that starts less than 10 hours after the previous day's shift. After the previous day's shift. Premium owed = what the rule adds over straight time for those hours. Applies the rest-between-shifts rules of the jurisdiction you choose to the shifts you load. Coverage depends on your industry and size — check with the city or state labor office. Not legal advice. Not affiliated with any city or state agency.

The employee may decline the hours; if the shift is worked, the 1.25 rate applies to that whole shift. The Chicago rule, coverage and source.

Many shifts? Load the whole timecard file.

The free timecard audit finds every pair for every employee; Pro turns it into an Excel workbook and a printable summary per employee.

Open the timecard audit

Every pair from your file in Excel with live formulas, totals per employee and pay period, and a printable summary per employee. See Pro.

The rule

(a) A Covered Employee has the right to decline Work Schedule hours that are less than 10 hours after the end of the previous day's shift. (b) When a Covered Employee works a shift that begins less than 10 hours after the end of the previous day's shift, the Employer shall pay the Covered Employee at a rate of 1.25 times the Covered Employee's regular rate of pay for that shift.

Quoted from: Chicago Municipal Code 6-110-070 Right to rest (Added Coun. J. 6-25-21), read 2026-09-30.

Who is covered (you decide)

The employee works in one of seven covered industries: building services, healthcare, hotels, manufacturing, restaurants, retail or warehouse services
The employee earns no more than $33.85 an hour or $64,945.55 a year (the ceiling the City lists; it is adjusted each July 1)
The employer has at least 100 employees globally (restaurants: 250 employees and 30 locations)

Consent

The employee may decline the hours; if the shift is worked, the 1.25 rate applies to that whole shift.

How it is counted

The whole shift that begins less than 10 hours after the previous day's shift is paid at 1.25 times the regular rate.

Worked example

Sample data: a 3 PM to 11 PM close, then 7 AM to 3 PM the next day at $20 an hour: 8 h of rest, under Chicago's 10-hour window. The premium applies to 8 h: $200.00 at the rest rate, $40.00 more than straight time.

A whole week for every employee: the timecard audit with Chicago selected. Applies the rest-between-shifts rules of the jurisdiction you choose to the shifts you load. Coverage depends on your industry and size — check with the city or state labor office. Not legal advice. Not affiliated with any city or state agency.

Sources

Chicago: Chicago Municipal Code 6-110-070 Right to rest (Added Coun. J. 6-25-21) — https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2640012, read on 2026-09-30
Chicago (2): City of Chicago, Business Affairs and Consumer Protection, Fair Workweek page (covered industries, pay ceiling, employer size) — https://www.chicago.gov/city/en/depts/bacp/supp_info/fairworkweek.html, read on 2026-09-30

Frequently asked questions

How many hours between shifts in Chicago?: 10 hours. 1.25 times the regular rate for the whole shift that starts less than 10 hours after the previous day's shift. After the previous day's shift.
Is clopening illegal in Chicago?: Not banned: The employee may decline the hours; if the shift is worked, the 1.25 rate applies to that whole shift.
Who does the Chicago rule cover?: The employee works in one of seven covered industries: building services, healthcare, hotels, manufacturing, restaurants, retail or warehouse services; The employee earns no more than $33.85 an hour or $64,945.55 a year (the ceiling the City lists; it is adjusted each July 1); The employer has at least 100 employees globally (restaurants: 250 employees and 30 locations). Check coverage with the labor office.
Does a split shift count?: No: the rule counts a shift after the previous calendar day's shift or after a shift that ran past midnight. Two shifts inside one calendar day are not counted.

All clopening laws by city