Bill Status of HB 3066   102nd General Assembly

Short Description:  NON-COMPETE HIGHER THRESHOLD

House Sponsors
Rep. Kelly M. Burke-Dan Ugaste

Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
820 ILCS 90/5
820 ILCS 90/7 new
820 ILCS 90/10
820 ILCS 90/15 new
820 ILCS 90/20 new
820 ILCS 90/25 new
820 ILCS 90/30 new

Synopsis As Introduced
Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year on the effective date of the amendatory Act, $80,000 per year beginning on January 1, 2027, $85,000 per year beginning on January 1, 2032, or $90,000 per year beginning on January 1, 2037 (rather than no employer shall enter into a covenant not to compete with any low-wage employee of the employer). Provides that a covenant not to solicit shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $45,000 per year. Provides that a covenant not to compete is void and illegal for any employee who an employer terminates or furloughs as the result of business circumstances or governmental orders related to the COVID-19 pandemic, or under circumstances that are similar to the COVID-19 pandemic, unless enforcement of the covenant not to compete includes compensation equivalent to the employee's base salary at the time of termination for the period of enforcement minus compensation earned through subsequent employment during the period of enforcement. Contains provisions concerning the enforceability of a covenant not to compete or a covenant not to solicit; notice requirements for employers under a covenant not to compete or a covenant not to solicit; remedies for employees who prevail against an employer's civil action to enforce a covenant not to compete or a covenant not to solicit; and certain factors a court may consider when determining whether to reform a covenant not to compete or a covenant not to solicit. Defines "adequate consideration"; "covenant not to compete"; "covenant not to solicit"; "earnings"; and "employee". Removes the definition for the term "low-wage employee".

Actions 
DateChamber Action
  2/18/2021HouseFiled with the Clerk by Rep. Kelly M. Burke
  2/19/2021HouseFirst Reading
  2/19/2021HouseReferred to Rules Committee
  3/15/2021HouseAdded Chief Co-Sponsor Rep. Dan Ugaste
  3/16/2021HouseAssigned to Labor & Commerce Committee
  3/27/2021HouseRule 19(a) / Re-referred to Rules Committee
  1/25/2022HouseAssigned to Labor & Commerce Committee
  2/15/2022HouseTo Wage Policy & Study Subcommittee
  2/18/2022HouseRule 19(a) / Re-referred to Rules Committee
  1/10/2023HouseSession Sine Die

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