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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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