Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2840 Enrolled / Bill

Filed 01/09/2025

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1  AN ACT concerning State government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Freedom to Work Act is amended by
5  changing Section 10 as follows:
6  (820 ILCS 90/10)
7  Sec. 10. Prohibiting covenants not to compete and
8  covenants not to solicit.
9  (a) No employer shall enter into a covenant not to compete
10  with any employee unless the employee's actual or expected
11  annualized rate of earnings exceeds $75,000 per year. This
12  amount shall increase to $80,000 per year beginning on January
13  1, 2027, $85,000 per year beginning on January 1, 2032, and
14  $90,000 per year beginning on January 1, 2037. A covenant not
15  to compete entered into in violation of this subsection is
16  void and unenforceable.
17  (b) No employer shall enter into a covenant not to solicit
18  with any employee unless the employee's actual or expected
19  annualized rate of earnings exceeds $45,000 per year. This
20  amount shall increase to $47,500 per year beginning on January
21  1, 2027, $50,000 per year beginning on January 1, 2032, and
22  $52,500 per year beginning on January 1, 2037. A covenant not
23  to solicit entered into in violation of this subsection is

 

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1  void and unenforceable.
2  (c) No employer shall enter into a covenant not to compete
3  or a covenant not to solicit with any employee who an employer
4  terminates or furloughs or lays off as the result of business
5  circumstances or governmental orders related to the COVID-19
6  pandemic or under circumstances that are similar to the
7  COVID-19 pandemic, unless enforcement of the covenant not to
8  compete includes compensation equivalent to the employee's
9  base salary at the time of termination for the period of
10  enforcement minus compensation earned through subsequent
11  employment during the period of enforcement. A covenant not to
12  compete or a covenant not to solicit entered into in violation
13  of this subsection is void and unenforceable.
14  (d) A covenant not to compete is void and illegal with
15  respect to individuals covered by a collective bargaining
16  agreement under the Illinois Public Labor Relations Act or the
17  Illinois Educational Labor Relations Act.
18  (e) A covenant not to compete or a covenant not to solicit
19  is void and illegal with respect to individuals employed in
20  construction, regardless of whether an individual is covered
21  by a collective bargaining agreement. This subsection (e) does
22  not apply to construction employees who primarily perform
23  management, engineering or architectural, design, or sales
24  functions for the employer or who are shareholders, partners,
25  or owners in any capacity of the employer.
26  (f) (e) Any covenant not to compete or covenant not to

 

 

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1  solicit entered into after January 1, 2025 (the effective date
2  of Public Act 103-915) this amendatory Act of the 103rd
3  General Assembly shall not be enforceable with respect to the
4  provision of mental health services to veterans and first
5  responders by any licensed mental health professional in this
6  State if the enforcement of the covenant not to compete or
7  covenant not to solicit is likely to result in an increase in
8  cost or difficulty for any veteran or first responder seeking
9  mental health services.
10  For the purpose of this subsection:
11  "First responders" means any persons who are currently or
12  formerly employed as: (i) emergency medical services
13  personnel, as defined in the Emergency Medical Services (EMS)
14  Systems Act, (ii) firefighters, and (iii) law enforcement
15  officers.
16  "Licensed mental health professional" means a person
17  licensed under the Clinical Psychologist Licensing Act, the
18  Clinical Social Work and Social Work Practice Act, the
19  Marriage and Family Therapy Licensing Act, the Nurse Practice
20  Act, or the Professional Counselor and Clinical Professional
21  Counselor Licensing and Practice Act.
22  (Source: P.A. 102-358, eff. 1-1-22; 103-915, eff. 1-1-25;
23  103-921, eff. 1-1-25; revised 11-26-24.)
24  Section 10. The Child Labor Law of 2024 is amended by
25  changing Section 35 as follows:

 

 

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1  (820 ILCS 206/35)
2  Sec. 35. Employer requirements.
3  (a) It shall be unlawful for any person to employ, allow,
4  or permit any minor to work unless the minor obtains an
5  employment certificate authorizing the minor to work for that
6  person. Any person seeking to employ, allow, or permit any
7  minor to work shall provide that minor with a notice of
8  intention to employ to be submitted by the minor to the minor's
9  school issuing officer with the minor's application for an
10  employment certificate.
11  (b) Every employer of one or more minors shall maintain,
12  on the premises where the work is being done, records that
13  include the name, date of birth, and place of residence of
14  every minor who works for that employer, notice of intention
15  to employ the minor, and the minor's employment certificate.
16  Authorized officers and employees of the Department, truant
17  officers, and other school officials charged with the
18  enforcement of school attendance requirements described in
19  Section 26-1 of the School Code may inspect the records
20  without notice at any time.
21  (c) Every employer of minors shall ensure that all minors
22  are supervised by an adult 21 years of age or older, on site,
23  at all times while the minor is working. This requirement does
24  not apply with respect to: (i) any minor working for a park
25  district or a municipal parks and recreation department who is

 

 

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1  supervised by an adult 18 years of age or older who is an
2  employee of the park district or the municipal parks and
3  recreation department and no alcohol or tobacco is being sold
4  on site; or (ii) any minor working as an officiant of youth
5  sports activities if an adult 21 years of age or older who is
6  an employee of the park district or the municipal parks and
7  recreation department is on call.
8  (d) No person shall employ, allow, or permit any minor to
9  work for more than 5 hours continuously without an interval of
10  at least 30 minutes for a meal period. No period of less than
11  30 minutes shall be deemed to interrupt a continuous period of
12  work.
13  (e) Every employer who employs one or more minors shall
14  post in a conspicuous place where minors are employed,
15  allowed, or permitted to work, a notice summarizing the
16  requirements of this Act, including a list of the occupations
17  prohibited to minors and the Department's toll free telephone
18  number described in Section 85. An employer with employees who
19  do not regularly report to a physical workplace, such as
20  employees who work remotely or travel for work, shall also
21  provide the summary and notice by email to its employees or
22  conspicuous posting on the employer's website or intranet
23  site, if the site is regularly used by the employer to
24  communicate work-related information to employees and is able
25  to be regularly accessed by all employees, freely and without
26  interference. The notice shall be furnished by the Department.

 

 

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1  (f) Every employer, during the period of employment of a
2  minor and for 3 years thereafter, shall keep on file, at the
3  place of employment, a copy of the employment certificate
4  issued for the minor. An employment certificate shall be valid
5  only for the employer for whom it was issued and a new
6  certificate shall not be issued for the employment of a minor
7  except on the presentation of a new statement of intention to
8  employ the minor. The failure of any employer to produce for
9  inspection the employment certificate for each minor in the
10  employer's establishment shall be a violation of this Act. The
11  Department may specify any other record keeping requirements
12  by rule.
13  (g) In the event of the work-related death of a minor
14  engaged in work subject to this Act, the employer shall,
15  within 24 hours, report the death to the Department and to the
16  school official who issued the minor's work certificate for
17  that employer. In the event of a work-related injury or
18  illness of a minor that requires the employer to file a report
19  with the Illinois Workers' Compensation Commission under
20  Section 6 of the Workers' Compensation Act or Section 6 of the
21  Workers' Occupational Diseases Act, the employer shall submit
22  a copy of the report to the Department and to the school
23  official who issued the minor's work certificate for that
24  employer within 72 hours of the deadline by which the employer
25  must file the report to the Illinois Workers' Compensation
26  Commission. The report shall be subject to the confidentiality

 

 

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1  provisions of Section 6 of the Workers' Compensation Act or
2  Section 6 of the Workers' Occupational Diseases Act.
3  (Source: P.A. 103-721, eff. 1-1-25; revised 12-1-24.)

 

 

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