Public Act 103-1062
 
HB2840 EnrolledLRB103 30523 DTM 56956 b

    AN ACT concerning State government. 
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Freedom to Work Act is amended by 
changing Section 10 as follows:
 
    (820 ILCS 90/10)
    Sec. 10. Prohibiting covenants not to compete and 
covenants not to solicit.
    (a) No employer shall enter into a covenant not to compete 
with any employee unless the employee's actual or expected 
annualized rate of earnings exceeds $75,000 per year. This 
amount shall increase to $80,000 per year beginning on January 
1, 2027, $85,000 per year beginning on January 1, 2032, and 
$90,000 per year beginning on January 1, 2037. A covenant not 
to compete entered into in violation of this subsection is 
void and unenforceable.
    (b) No employer shall enter into a covenant not to solicit 
with any employee unless the employee's actual or expected 
annualized rate of earnings exceeds $45,000 per year. This 
amount shall increase to $47,500 per year beginning on January 
1, 2027, $50,000 per year beginning on January 1, 2032, and 
$52,500 per year beginning on January 1, 2037. A covenant not 
to solicit entered into in violation of this subsection is 
void and unenforceable.
    (c) No employer shall enter into a covenant not to compete 
or a covenant not to solicit with 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. A covenant not to 
compete or a covenant not to solicit entered into in violation 
of this subsection is void and unenforceable.
    (d) A covenant not to compete is void and illegal with 
respect to individuals covered by a collective bargaining 
agreement under the Illinois Public Labor Relations Act or the 
Illinois Educational Labor Relations Act.
    (e) A covenant not to compete or a covenant not to solicit 
is void and illegal with respect to individuals employed in 
construction, regardless of whether an individual is covered 
by a collective bargaining agreement. This subsection (e) does 
not apply to construction employees who primarily perform 
management, engineering or architectural, design, or sales 
functions for the employer or who are shareholders, partners, 
or owners in any capacity of the employer. 
    (f) (e) Any covenant not to compete or covenant not to 
solicit entered into after January 1, 2025 (the effective date 
of Public Act 103-915) this amendatory Act of the 103rd 
General Assembly shall not be enforceable with respect to the 
provision of mental health services to veterans and first 
responders by any licensed mental health professional in this 
State if the enforcement of the covenant not to compete or 
covenant not to solicit is likely to result in an increase in 
cost or difficulty for any veteran or first responder seeking 
mental health services.
    For the purpose of this subsection:
    "First responders" means any persons who are currently or 
formerly employed as: (i) emergency medical services 
personnel, as defined in the Emergency Medical Services (EMS) 
Systems Act, (ii) firefighters, and (iii) law enforcement 
officers.
    "Licensed mental health professional" means a person 
licensed under the Clinical Psychologist Licensing Act, the 
Clinical Social Work and Social Work Practice Act, the 
Marriage and Family Therapy Licensing Act, the Nurse Practice 
Act, or the Professional Counselor and Clinical Professional 
Counselor Licensing and Practice Act. 
(Source: P.A. 102-358, eff. 1-1-22; 103-915, eff. 1-1-25; 
103-921, eff. 1-1-25; revised 11-26-24.)
 
    Section 10. The Child Labor Law of 2024 is amended by 
changing Section 35 as follows:
 
    (820 ILCS 206/35)
    Sec. 35. Employer requirements. 
    (a) It shall be unlawful for any person to employ, allow, 
or permit any minor to work unless the minor obtains an 
employment certificate authorizing the minor to work for that 
person. Any person seeking to employ, allow, or permit any 
minor to work shall provide that minor with a notice of 
intention to employ to be submitted by the minor to the minor's 
school issuing officer with the minor's application for an 
employment certificate.
    (b) Every employer of one or more minors shall maintain, 
on the premises where the work is being done, records that 
include the name, date of birth, and place of residence of 
every minor who works for that employer, notice of intention 
to employ the minor, and the minor's employment certificate. 
Authorized officers and employees of the Department, truant 
officers, and other school officials charged with the 
enforcement of school attendance requirements described in 
Section 26-1 of the School Code may inspect the records 
without notice at any time.
    (c) Every employer of minors shall ensure that all minors 
are supervised by an adult 21 years of age or older, on site, 
at all times while the minor is working. This requirement does 
not apply with respect to: (i) any minor working for a park 
district or a municipal parks and recreation department who is 
supervised by an adult 18 years of age or older who is an 
employee of the park district or the municipal parks and 
recreation department and no alcohol or tobacco is being sold 
on site; or (ii) any minor working as an officiant of youth 
sports activities if an adult 21 years of age or older who is 
an employee of the park district or the municipal parks and 
recreation department is on call.
    (d) No person shall employ, allow, or permit any minor to 
work for more than 5 hours continuously without an interval of 
at least 30 minutes for a meal period. No period of less than 
30 minutes shall be deemed to interrupt a continuous period of 
work.
    (e) Every employer who employs one or more minors shall 
post in a conspicuous place where minors are employed, 
allowed, or permitted to work, a notice summarizing the 
requirements of this Act, including a list of the occupations 
prohibited to minors and the Department's toll free telephone 
number described in Section 85. An employer with employees who 
do not regularly report to a physical workplace, such as 
employees who work remotely or travel for work, shall also 
provide the summary and notice by email to its employees or 
conspicuous posting on the employer's website or intranet 
site, if the site is regularly used by the employer to 
communicate work-related information to employees and is able 
to be regularly accessed by all employees, freely and without 
interference. The notice shall be furnished by the Department.
    (f) Every employer, during the period of employment of a 
minor and for 3 years thereafter, shall keep on file, at the 
place of employment, a copy of the employment certificate 
issued for the minor. An employment certificate shall be valid 
only for the employer for whom it was issued and a new 
certificate shall not be issued for the employment of a minor 
except on the presentation of a new statement of intention to 
employ the minor. The failure of any employer to produce for 
inspection the employment certificate for each minor in the 
employer's establishment shall be a violation of this Act. The 
Department may specify any other record keeping requirements 
by rule. 
    (g) In the event of the work-related death of a minor 
engaged in work subject to this Act, the employer shall, 
within 24 hours, report the death to the Department and to the 
school official who issued the minor's work certificate for 
that employer. In the event of a work-related injury or 
illness of a minor that requires the employer to file a report 
with the Illinois Workers' Compensation Commission under 
Section 6 of the Workers' Compensation Act or Section 6 of the 
Workers' Occupational Diseases Act, the employer shall submit 
a copy of the report to the Department and to the school 
official who issued the minor's work certificate for that 
employer within 72 hours of the deadline by which the employer 
must file the report to the Illinois Workers' Compensation 
Commission. The report shall be subject to the confidentiality 
provisions of Section 6 of the Workers' Compensation Act or 
Section 6 of the Workers' Occupational Diseases Act.
(Source: P.A. 103-721, eff. 1-1-25; revised 12-1-24.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.