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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4888 Introduced 2/7/2024, by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
| | | 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. |
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| | A BILL FOR |
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| | HB4888 | | LRB103 35619 SPS 65693 b |
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Freedom to Work Act is amended by |
| 5 | | changing Section 15 as follows:
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| 6 | | (820 ILCS 90/15) |
| 7 | | Sec. 15. Enforceability of a covenant not to compete or a |
| 8 | | covenant not to solicit. |
| 9 | | (a) A covenant not to compete or a covenant not to solicit |
| 10 | | is illegal and void unless (1) the employee receives adequate |
| 11 | | consideration, (2) the covenant is ancillary to a valid |
| 12 | | employment relationship, (3) the covenant is no greater than |
| 13 | | is required for the protection of a legitimate business |
| 14 | | interest of the employer, (4) the covenant does not impose |
| 15 | | undue hardship on the employee, and (5) the covenant is not |
| 16 | | injurious to the public. |
| 17 | | (b) A covenant not to compete or a covenant not to solicit |
| 18 | | is not enforceable if it restricts an employee's ability to |
| 19 | | exercise his or her rights under federal law. |
| 20 | | (Source: P.A. 102-358, eff. 1-1-22.) |