HB4888 103RD GENERAL ASSEMBLY

LRB103 35619 SPS 65693 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4888

Introduced 2/7/2024, by Rep. Dave Vella

SYNOPSIS AS INTRODUCED:

820 ILCS 90/15

Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete or a covenant not to solicit is not enforceable if it restricts an employee's ability to exercise his or her rights under federal law.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Freedom to Work Act is amended by changing Section 15 as follows:

(820 ILCS 90/15)

Sec. 15. Enforceability of a covenant not to compete or a covenant not to solicit.

(a) A covenant not to compete or a covenant not to solicit is illegal and void unless (1) the employee receives adequate consideration, (2) the covenant is ancillary to a valid employment relationship, (3) the covenant is no greater than is required for the protection of a legitimate business interest of the employer, (4) the covenant does not impose undue hardship on the employee, and (5) the covenant is not injurious to the public.

(b) A covenant not to compete or a covenant not to solicit is not enforceable if it restricts an employee's ability to exercise his or her rights under federal law.

(Source: P.A. 102-358, eff. 1-1-22.)