The Nix Keep Coming: Seventh Cook County Opt Out  

The Village of River Forest is the seventh Cook County political subdivision to opt out of complying with the County’s Earned Sick Leave Ordinance. The River Forest Ordinance states that the regulation of wages and benefits “is properly a matter of Statewide concern that is outside the power of Cook County to regulate.” Whether Cook County has the authority to regulate wages and benefits other than for its own employees has been raised previously. Prior to the County’s approval of the Ordinance, the Cook County State’s Attorney opined that the County did not have authority to enact the Ordinance. See my post about that here. I expect that in an enforcement action under the Ordinance, an employer will argue that the Ordinance is invalid since the County lacked authority to enact it.gears-1443876_1280

Barrington, Bedford Park, Mount Prospect, Oak Forest, Rosemont and Tinley Park have already opted out of the Cook County Earned Sick Leave Ordinance. My posts about those opt outs are hereherehere and here. I suspect the opting-out is not over.

Cook County enacted the ESL Ordinance in October 2016. Generally, effective July 1, 2017, it requires covered employers to allow employees to accrue one hour of paid sick leave for every 40 hours worked. My posts about that Ordinance are here and here.