Bill Status of SB 1838   102nd General Assembly

Short Description:  FREEDOM TO WORK-ALL EMPLOYEES

Senate Sponsors
Sen. Mattie Hunter-Jason A. Barickman

Last Action  View All Actions

DateChamber Action
  1/10/2023SenateSession Sine Die

Statutes Amended In Order of Appearance
820 ILCS 90/5
820 ILCS 90/10

Synopsis As Introduced
Amends the Illinois Freedom to Work Act. Expands the scope of the Act to apply to all employees (rather than only low-wage employees). Prohibits all covenants not to compete. Effective immediately.

Senate Committee Amendment No. 1
Adds reference to:
820 ILCS 90/7 new
820 ILCS 90/15 new
820 ILCS 90/20 new
820 ILCS 90/25 new
820 ILCS 90/30 new
820 ILCS 90/35 new

Replaces everything after the enacting clause. 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 or lays off 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. Provides that a covenant not to compete is void and illegal for individuals covered by a collective bargaining agreement under the Illinois Public Labor Relations Act or the Illinois Educational Labor Relations Act. 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". Effective January 1, 2022.

Actions 
DateChamber Action
  2/26/2021SenateFiled with Secretary by Sen. Mattie Hunter
  2/26/2021SenateFirst Reading
  2/26/2021SenateReferred to Assignments
  3/9/2021SenateAssigned to Labor
  4/6/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mattie Hunter
  4/6/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/7/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Labor
  4/14/2021SenateAdded as Chief Co-Sponsor Sen. Jason A. Barickman
  4/14/2021SenateSenate Committee Amendment No. 1 Adopted
  4/14/2021SenateDo Pass as Amended Labor; 013-000-000
  4/14/2021SenatePlaced on Calendar Order of 2nd Reading April 15, 2021
  4/21/2021SenateSecond Reading
  4/21/2021SenatePlaced on Calendar Order of 3rd Reading April 22, 2021
  4/23/2021SenateRule 2-10 Third Reading Deadline Established As April 30, 2021
  4/30/2021SenateRule 2-10 Third Reading Deadline Established As May 7, 2021
  5/7/2021SenateRule 2-10 Committee/3rd Reading Deadline Established As May 21, 2021
  5/18/2021SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Mattie Hunter
  5/18/2021SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/20/2021SenateSenate Floor Amendment No. 2 Assignments Refers to Labor
  5/21/2021SenateRule 2-10 Third Reading Deadline Established As May 31, 2021
  5/31/2021SenateRule 3-9(a) / Re-referred to Assignments
  7/16/2021SenateSenate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/10/2023SenateSession Sine Die

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