Full Text of SB3163 99th General Assembly
SB3163sam001 99TH GENERAL ASSEMBLY | Sen. Patricia Van Pelt Filed: 5/4/2016
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| 1 | | AMENDMENT TO SENATE BILL 3163
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3163 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Freedom to Work Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Covenant not to compete" means an agreement: | 8 | | (1) between an employer and a low-wage employee that | 9 | | restricts such low-wage employee from performing: | 10 | | (A) any work for another employer for a specified | 11 | | period of time; | 12 | | (B) any work in a specified geographical area; or | 13 | | (C) work for another employer that is similar to | 14 | | such low-wage employee's work for the employer | 15 | | included as a party to the agreement; and
| 16 | | (2) that is entered into after the effective date of |
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| 1 | | this Act. | 2 | | "Director" means the Director of Labor. | 3 | | "Employer" has the meaning given to such term in subsection | 4 | | (c) of Section 3 of the Minimum Wage Law. "Employer" does not | 5 | | include governmental or quasi-governmental bodies. | 6 | | "Low-wage employee" means an employee who earns the greater | 7 | | of (1) the hourly rate equal to the minimum wage required by | 8 | | the applicable federal, State, or local minimum wage law or (2) | 9 | | $13.00 per hour. | 10 | | Section 10. Prohibiting covenants not to compete for | 11 | | low-wage employees. | 12 | | (a) No employer shall enter into a covenant not to compete | 13 | | with any low-wage employee of the employer. | 14 | | (b) A covenant not to compete entered into between an | 15 | | employer and a low-wage employee is illegal and void. | 16 | | Section 15. Director's duties. The Director, or his or her | 17 | | authorized representatives, have the authority to:
| 18 | | (a) Investigate and may enter
and inspect such places and | 19 | | such records (and make copies thereof) at reasonable times | 20 | | during regular
business hours, not including an inconvenient | 21 | | time at the employer's place of business,
question employees, | 22 | | and investigate those facts,
conditions, practices, or matters | 23 | | as he or she may deem necessary or
appropriate to determine | 24 | | whether any person has violated any
provision of this Act, or |
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| 1 | | which may aid in the enforcement of
this Act. | 2 | | (b) Require from any employer full and correct statements | 3 | | and reports in
writing, including sworn statements, at such | 4 | | times as the Director may deem
necessary, regarding hiring, | 5 | | covenants not to compete, names, addresses, and other | 6 | | information
pertaining to the employer's low-wage employees as | 7 | | the Director may deem necessary for the enforcement of
this | 8 | | Act.
| 9 | | (c) Require by subpoena the attendance and testimony of | 10 | | witnesses and the production of all books, records, and other | 11 | | evidence relative to a matter under investigation or hearing. | 12 | | The subpoena shall be signed and issued by the Director or his | 13 | | or her authorized representative. If a person fails to comply | 14 | | with any subpoena lawfully issued under this Section or a | 15 | | witness refuses to produce evidence or testify to any matter | 16 | | regarding which he or she may be lawfully interrogated, the | 17 | | court may, upon application of the Director, or his or her | 18 | | authorized representative, compel obedience by proceedings for | 19 | | contempt.
| 20 | | Section 20. Employer duties. Every employer subject to any | 21 | | provision of this Act or of any order
issued under this Act | 22 | | shall make and keep for a period of not less than 3
years, true | 23 | | and accurate records of the name, address, and occupation of
| 24 | | each of the employer's low-wage employees, all interviews and | 25 | | meetings pertaining to the hiring process, including, but not |
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| 1 | | limited to, discussions of covenants not to compete, and such | 2 | | other information, and make such reports therefrom to the
| 3 | | Department, as the Department may by rule prescribe as | 4 | | necessary or
appropriate for the enforcement of the provisions | 5 | | of this Act or of the
rules adopted thereunder. Such records | 6 | | shall be open for inspection or
copying by the Director or his | 7 | | or her authorized representative at any
reasonable time as | 8 | | limited by paragraph (a) of Section 15 of this Act. Every
| 9 | | employer shall furnish to the Director or his or her authorized | 10 | | representative on
demand a sworn statement of such records and | 11 | | information upon forms
prescribed or approved by the Director. | 12 | | Section 25. Administrative rules. | 13 | | The Department shall adopt rules under the Illinois | 14 | | Administrative Procedure Act,
including definitions of terms, | 15 | | as appropriate to carry out the
purposes of this Act, to | 16 | | prevent the circumvention or evasion thereof, and
to safeguard | 17 | | the requirements governing covenants not to compete under the | 18 | | Act. | 19 | | Section 30. Violations; Department duties. | 20 | | (a) Any employer, whether directly or through any officer, | 21 | | employee, or agent, who:
| 22 | | (1) hinders or delays the Director or his or her | 23 | | authorized representative in
the performance of his or her | 24 | | duties in the enforcement of this Act;
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| 1 | | (2) refuses to admit the Director or his or her | 2 | | authorized representative to
any place of employment;
| 3 | | (3) fails to keep the records required under this Act | 4 | | or to furnish such
records required or any information to | 5 | | be furnished under this Act to the
Director or his or her | 6 | | authorized representative upon request;
| 7 | | (4) falsifies any such record; or
| 8 | | (5) refuses to make such records available to the | 9 | | Director or his
authorized representative.
| 10 | | (b) Any employer, whether directly or through any officer, | 11 | | employee, or agent, who discharges or in any other manner | 12 | | discriminates against any
low-wage employee because that | 13 | | employee has made a complaint to his or her employer, or to
the | 14 | | Director or his or her authorized representative, or because | 15 | | that
employee has caused to be instituted or is about to cause | 16 | | to be instituted
any proceeding under or related to this Act, | 17 | | or because that employee has
testified or is about to testify | 18 | | in an investigation or proceeding under
this Act, is guilty of | 19 | | a Class B misdemeanor.
| 20 | | (c) It is the duty of the Department to inquire diligently | 21 | | for
any violations of this Act, and to institute the action for | 22 | | penalties
herein provided, and to enforce generally the | 23 | | provisions of this Act. | 24 | | Section 35. Civil fine. | 25 | | An employer that violates any provision of this Act or any |
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| 1 | | rule adopted under this Act is subject to a civil penalty
for | 2 | | each employee affected as follows: | 3 | | (1) first violation, a civil penalty not to exceed | 4 | | $500; | 5 | | (2) second or subsequent violation, a civil penalty not | 6 | | to exceed $1,000. | 7 | | In determining the amount of any civil fine under
this | 8 | | Section, the Director shall consider the
appropriateness of the | 9 | | fine to the size of the employer
subject to the fine and the | 10 | | gravity of the applicable
violation.".
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