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.


LRB103 35619 SPS 65693 b

 

 

A BILL FOR

 

HB4888LRB103 35619 SPS 65693 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Freedom to Work Act is amended by
5changing Section 15 as follows:
 
6    (820 ILCS 90/15)
7    Sec. 15. Enforceability of a covenant not to compete or a
8covenant not to solicit.
9    (a) A covenant not to compete or a covenant not to solicit
10is illegal and void unless (1) the employee receives adequate
11consideration, (2) the covenant is ancillary to a valid
12employment relationship, (3) the covenant is no greater than
13is required for the protection of a legitimate business
14interest of the employer, (4) the covenant does not impose
15undue hardship on the employee, and (5) the covenant is not
16injurious to the public.
17    (b) A covenant not to compete or a covenant not to solicit
18is not enforceable if it restricts an employee's ability to
19exercise his or her rights under federal law.
20(Source: P.A. 102-358, eff. 1-1-22.)