IL
Illinois House Bill HB2840

Illinois 2023-2024 Regular Session

Illinois House Bill HB2840 Compare Versions

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1+HB2840 EngrossedLRB103 30523 DTM 56956 b HB2840 Engrossed LRB103 30523 DTM 56956 b
2+ HB2840 Engrossed LRB103 30523 DTM 56956 b
33 1 AN ACT concerning State government.
44 2 Be it enacted by the People of the State of Illinois,
55 3 represented in the General Assembly:
6-4 Section 5. The Illinois Freedom to Work Act is amended by
7-5 changing Section 10 as follows:
8-6 (820 ILCS 90/10)
9-7 Sec. 10. Prohibiting covenants not to compete and
10-8 covenants not to solicit.
11-9 (a) No employer shall enter into a covenant not to compete
12-10 with any employee unless the employee's actual or expected
13-11 annualized rate of earnings exceeds $75,000 per year. This
14-12 amount shall increase to $80,000 per year beginning on January
15-13 1, 2027, $85,000 per year beginning on January 1, 2032, and
16-14 $90,000 per year beginning on January 1, 2037. A covenant not
17-15 to compete entered into in violation of this subsection is
18-16 void and unenforceable.
19-17 (b) No employer shall enter into a covenant not to solicit
20-18 with any employee unless the employee's actual or expected
21-19 annualized rate of earnings exceeds $45,000 per year. This
22-20 amount shall increase to $47,500 per year beginning on January
23-21 1, 2027, $50,000 per year beginning on January 1, 2032, and
24-22 $52,500 per year beginning on January 1, 2037. A covenant not
25-23 to solicit entered into in violation of this subsection is
6+4 Section 5. The State Designations Act is amended by adding
7+5 Section 28 as follows:
8+6 (5 ILCS 460/28 new)
9+7 Sec. 28. Official State nut. The black walnut is
10+8 designated as the official State nut of the State of Illinois.
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34-1 void and unenforceable.
35-2 (c) No employer shall enter into a covenant not to compete
36-3 or a covenant not to solicit with any employee who an employer
37-4 terminates or furloughs or lays off as the result of business
38-5 circumstances or governmental orders related to the COVID-19
39-6 pandemic or under circumstances that are similar to the
40-7 COVID-19 pandemic, unless enforcement of the covenant not to
41-8 compete includes compensation equivalent to the employee's
42-9 base salary at the time of termination for the period of
43-10 enforcement minus compensation earned through subsequent
44-11 employment during the period of enforcement. A covenant not to
45-12 compete or a covenant not to solicit entered into in violation
46-13 of this subsection is void and unenforceable.
47-14 (d) A covenant not to compete is void and illegal with
48-15 respect to individuals covered by a collective bargaining
49-16 agreement under the Illinois Public Labor Relations Act or the
50-17 Illinois Educational Labor Relations Act.
51-18 (e) A covenant not to compete or a covenant not to solicit
52-19 is void and illegal with respect to individuals employed in
53-20 construction, regardless of whether an individual is covered
54-21 by a collective bargaining agreement. This subsection (e) does
55-22 not apply to construction employees who primarily perform
56-23 management, engineering or architectural, design, or sales
57-24 functions for the employer or who are shareholders, partners,
58-25 or owners in any capacity of the employer.
59-26 (f) (e) Any covenant not to compete or covenant not to
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70-1 solicit entered into after January 1, 2025 (the effective date
71-2 of Public Act 103-915) this amendatory Act of the 103rd
72-3 General Assembly shall not be enforceable with respect to the
73-4 provision of mental health services to veterans and first
74-5 responders by any licensed mental health professional in this
75-6 State if the enforcement of the covenant not to compete or
76-7 covenant not to solicit is likely to result in an increase in
77-8 cost or difficulty for any veteran or first responder seeking
78-9 mental health services.
79-10 For the purpose of this subsection:
80-11 "First responders" means any persons who are currently or
81-12 formerly employed as: (i) emergency medical services
82-13 personnel, as defined in the Emergency Medical Services (EMS)
83-14 Systems Act, (ii) firefighters, and (iii) law enforcement
84-15 officers.
85-16 "Licensed mental health professional" means a person
86-17 licensed under the Clinical Psychologist Licensing Act, the
87-18 Clinical Social Work and Social Work Practice Act, the
88-19 Marriage and Family Therapy Licensing Act, the Nurse Practice
89-20 Act, or the Professional Counselor and Clinical Professional
90-21 Counselor Licensing and Practice Act.
91-22 (Source: P.A. 102-358, eff. 1-1-22; 103-915, eff. 1-1-25;
92-23 103-921, eff. 1-1-25; revised 11-26-24.)
93-24 Section 10. The Child Labor Law of 2024 is amended by
94-25 changing Section 35 as follows:
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105-1 (820 ILCS 206/35)
106-2 Sec. 35. Employer requirements.
107-3 (a) It shall be unlawful for any person to employ, allow,
108-4 or permit any minor to work unless the minor obtains an
109-5 employment certificate authorizing the minor to work for that
110-6 person. Any person seeking to employ, allow, or permit any
111-7 minor to work shall provide that minor with a notice of
112-8 intention to employ to be submitted by the minor to the minor's
113-9 school issuing officer with the minor's application for an
114-10 employment certificate.
115-11 (b) Every employer of one or more minors shall maintain,
116-12 on the premises where the work is being done, records that
117-13 include the name, date of birth, and place of residence of
118-14 every minor who works for that employer, notice of intention
119-15 to employ the minor, and the minor's employment certificate.
120-16 Authorized officers and employees of the Department, truant
121-17 officers, and other school officials charged with the
122-18 enforcement of school attendance requirements described in
123-19 Section 26-1 of the School Code may inspect the records
124-20 without notice at any time.
125-21 (c) Every employer of minors shall ensure that all minors
126-22 are supervised by an adult 21 years of age or older, on site,
127-23 at all times while the minor is working. This requirement does
128-24 not apply with respect to: (i) any minor working for a park
129-25 district or a municipal parks and recreation department who is
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140-1 supervised by an adult 18 years of age or older who is an
141-2 employee of the park district or the municipal parks and
142-3 recreation department and no alcohol or tobacco is being sold
143-4 on site; or (ii) any minor working as an officiant of youth
144-5 sports activities if an adult 21 years of age or older who is
145-6 an employee of the park district or the municipal parks and
146-7 recreation department is on call.
147-8 (d) No person shall employ, allow, or permit any minor to
148-9 work for more than 5 hours continuously without an interval of
149-10 at least 30 minutes for a meal period. No period of less than
150-11 30 minutes shall be deemed to interrupt a continuous period of
151-12 work.
152-13 (e) Every employer who employs one or more minors shall
153-14 post in a conspicuous place where minors are employed,
154-15 allowed, or permitted to work, a notice summarizing the
155-16 requirements of this Act, including a list of the occupations
156-17 prohibited to minors and the Department's toll free telephone
157-18 number described in Section 85. An employer with employees who
158-19 do not regularly report to a physical workplace, such as
159-20 employees who work remotely or travel for work, shall also
160-21 provide the summary and notice by email to its employees or
161-22 conspicuous posting on the employer's website or intranet
162-23 site, if the site is regularly used by the employer to
163-24 communicate work-related information to employees and is able
164-25 to be regularly accessed by all employees, freely and without
165-26 interference. The notice shall be furnished by the Department.
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176-1 (f) Every employer, during the period of employment of a
177-2 minor and for 3 years thereafter, shall keep on file, at the
178-3 place of employment, a copy of the employment certificate
179-4 issued for the minor. An employment certificate shall be valid
180-5 only for the employer for whom it was issued and a new
181-6 certificate shall not be issued for the employment of a minor
182-7 except on the presentation of a new statement of intention to
183-8 employ the minor. The failure of any employer to produce for
184-9 inspection the employment certificate for each minor in the
185-10 employer's establishment shall be a violation of this Act. The
186-11 Department may specify any other record keeping requirements
187-12 by rule.
188-13 (g) In the event of the work-related death of a minor
189-14 engaged in work subject to this Act, the employer shall,
190-15 within 24 hours, report the death to the Department and to the
191-16 school official who issued the minor's work certificate for
192-17 that employer. In the event of a work-related injury or
193-18 illness of a minor that requires the employer to file a report
194-19 with the Illinois Workers' Compensation Commission under
195-20 Section 6 of the Workers' Compensation Act or Section 6 of the
196-21 Workers' Occupational Diseases Act, the employer shall submit
197-22 a copy of the report to the Department and to the school
198-23 official who issued the minor's work certificate for that
199-24 employer within 72 hours of the deadline by which the employer
200-25 must file the report to the Illinois Workers' Compensation
201-26 Commission. The report shall be subject to the confidentiality
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212-1 provisions of Section 6 of the Workers' Compensation Act or
213-2 Section 6 of the Workers' Occupational Diseases Act.
214-3 (Source: P.A. 103-721, eff. 1-1-25; revised 12-1-24.)
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