Templates, Guidance for Chicago Vaccine Requirement

Compliance Tips, Template Protocol for Checking Vaccinations for Chicago Vaccine Requirement

Effective Monday, January 3, the city of Chicago will require that any individual 5 years of age or older show proof that they are fully vaccinated against COVID-19 to dine indoors, visit gyms, or enjoy entertainment venues where food or drink are being served.

The city of Chicago has developed overall tips for creating a protocol and a template form that businesses can complete and make available to inspectors here. A template compliance plan for checking employee vaccinations and/or negative tests is available here.

Click here to visit the Chicago Vaccine Requirement webpage, with FAQs, required signage, vaccination locations, and more.

Click here to download the FAQs.

The Department of Business Affairs and Consumer Protection (BACP) is also working with the Chicago Department of Public Health (CDPH) on a broader toolkit for businesses and employers. The IRA will share that additional guidance as soon as it is available.

Information on Cook County's vaccine requirements, which align with the city of Chicago's, can be found here.

State of Illinois Aligns with CDC Guidance on Five Day Isolation Period

Today, the Illinois Department of Public Health (IDPH) adopted the latest CDC guidelines concerning COVID-19. CDC's updated guidance, released this past Monday, shortens the recommended isolation and quarantine periods for the general public. 

According to the CDC, “People with COVID-19 should isolate for 5 days and if they are asymptomatic or their symptoms are resolving (without fever for 24 hours), follow that by 5 days of wearing a mask when around others to minimize the risk of infecting people they encounter. The change is motivated by science demonstrating that the majority of SARS-CoV-2 transmission occurs early in the course of illness, generally in the 1-2 days prior to onset of symptoms and the 2-3 days after.” Additional changes to the CDC guidance also shorten the quarantine time for both vaccinated and unvaccinated individuals who have been exposed to COVID-19.

Click here for more information related to Illinois’ adoption of the CDC guidance.

80/20 Rule Update

As you know, earlier this year the Department of Labor released new tip credit regulations (also referred to as the “dual jobs” or “80/20”) that govern pay for tipped employees of restaurants. This new regulation became effective on December 28. The Labor Department has exceeded its authority in releasing these rules, and the impact of the rules will be a definite net-negative for the restaurant industry. In November, the National Restaurant Association’s Restaurant Law Center and the Texas Restaurant Association filed an emergency lawsuit in a Texas federal court challenging the rules and asking for an immediate injunction while the case is being considered. Unfortunately, we expect the court will allow the new regulations to remain in effect at least until we appear in court sometime in February.

The new tip credit regulations devise three different categories of work, which impact the wage a restaurant can pay a tipped employee: “tip-producing work”, “directly supporting work”, and work that is “not part of the tipped occupation”. Importantly, under the new tip credit regulations, restaurants cannot take a tip credit for the time spent on tasks considered “directly supporting work” that exceeds 20% of the workweek or 30 continuous minutes. 

At this time, it is important that our members continue to take steps to comply with the new tip credit regulations. Actions to consider taking include conducting an audit of the job duties performed by your tipped employees, training your managers on the new requirements, implementing new policies and procedures on side work, changing your staffing model to hire new staff to perform side work tasks, and adopting new timekeeping protocols for tipped employees.  

We and our partners at the National Restaurant Association will present a webinar in early January on the substance of the new regulations and take questions on best practices for compliance. Stay tuned for more details.