IL SB0672 | 2021-2022 | 102nd General Assembly

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 18-2)
Status: Passed on August 13 2021 - 100% progression
Action: 2021-08-13 - Public Act . . . . . . . . . 102-0358
Text: Latest bill text (Chaptered) [HTML]

Summary

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 and increasing in steps to $52,500 per year in 2037. 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 or individuals employed in construction. Establishes exclusions for management professional personnel engaged in the construction industry. Provides a procedure for enforcement by the Attorney General. 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"; "employee"; and "construction". Removes the definition for the term "low-wage employee". Contains a severability clause. Effective January 1, 2022.

Tracking Information

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Title

FAIR FOOD DELIVERY ACT

Sponsors


Roll Calls

2021-05-31 - Senate - Concurrence in Senate (Y: 56 N: 0 NV: 3 Abs: 0) [PASS]
2021-05-30 - House - Third Reading in House (Y: 110 N: 0 NV: 5 Abs: 1) [PASS]
2021-04-29 - Senate - Third Reading in Senate (Y: 55 N: 0 NV: 4 Abs: 0) [PASS]

History

DateChamberAction
2021-08-13SenatePublic Act . . . . . . . . . 102-0358
2021-08-13SenateEffective Date January 1, 2022
2021-08-13SenateGovernor Approved
2021-06-29SenateSent to the Governor
2021-05-31SenatePassed Both Houses
2021-05-31SenateSenate Concurs
2021-05-31SenateHouse Committee Amendment No. 1 Senate Concurs 056-000-000
2021-05-31SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
2021-05-31SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 015-000-000
2021-05-30SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
2021-05-30SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
2021-05-30SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Mattie Hunter
2021-05-30SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2021
2021-05-30SenateSecretary's Desk - Concurrence House Amendment(s) 1
2021-05-30HouseAdded Alternate Chief Co-Sponsor Rep. Stephanie A. Kifowit
2021-05-30HouseAdded Alternate Chief Co-Sponsor Rep. Will Guzzardi
2021-05-30HouseAdded Alternate Co-Sponsor Rep. Mike Murphy
2021-05-30HouseThird Reading - Short Debate - Passed 110-000-000
2021-05-30HousePlaced on Calendar Order of 3rd Reading - Short Debate
2021-05-28HouseFinal Action Deadline Extended-9(b) May 31, 2021
2021-05-27HouseAlternate Chief Sponsor Changed to Rep. Kelly M. Burke
2021-05-26HouseHeld on Calendar Order of Second Reading - Short Debate
2021-05-26HouseSecond Reading - Short Debate
2021-05-26SenateSponsor Removed Sen. Jason Plummer
2021-05-25HousePlaced on Calendar 2nd Reading - Short Debate
2021-05-25HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 024-000-000
2021-05-25HouseHouse Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote
2021-05-25HouseAdded Alternate Chief Co-Sponsor Rep. Dan Ugaste
2021-05-25HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
2021-05-24HouseSuspend Rule 21 - Prevailed 073-042-000
2021-05-24HouseMoved to Suspend Rule 21 Rep. Carol Ammons
2021-05-24HouseCommittee Deadline Extended-Rule 9(b) May 28, 2021
2021-05-24HouseHouse Committee Amendment No. 1 Referred to Rules Committee
2021-05-24HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Burke
2021-05-24HouseAssigned to Labor & Commerce Committee
2021-05-20SenateChief Sponsor Changed to Sen. Mattie Hunter
2021-05-15HouseRule 19(a) / Re-referred to Rules Committee
2021-05-05HouseAssigned to Labor & Commerce Committee
2021-05-04HouseReferred to Rules Committee
2021-05-04HouseFirst Reading
2021-04-30HouseChief House Sponsor Rep. Ann M. Williams
2021-04-30HouseArrived in House
2021-04-29SenateAdded as Co-Sponsor Sen. Laura M. Murphy
2021-04-29SenateAdded as Co-Sponsor Sen. Adriane Johnson
2021-04-29SenateThird Reading - Passed; 055-000-000
2021-04-29SenateSenate Floor Amendment No. 2 Adopted; Bush
2021-04-29SenateSenate Floor Amendment No. 1 Adopted; Bush
2021-04-29SenateRecalled to Second Reading
2021-04-29SenateSenate Floor Amendment No. 2 Recommend Do Adopt Commerce; 010-000-000
2021-04-28SenateSenate Floor Amendment No. 2 Assignments Refers to Commerce
2021-04-27SenateSenate Floor Amendment No. 2 Referred to Assignments
2021-04-27SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Melinda Bush
2021-04-23SenateRule 2-10 Third Reading Deadline Established As April 30, 2021
2021-04-23SenateAdded as Co-Sponsor Sen. Laura Fine
2021-04-23SenateAdded as Co-Sponsor Sen. Christopher Belt
2021-04-22SenateAdded as Co-Sponsor Sen. Celina Villanueva
2021-04-22SenateAdded as Co-Sponsor Sen. Mattie Hunter
2021-04-22SenateAdded as Co-Sponsor Sen. Ann Gillespie
2021-04-22SenateAdded as Chief Co-Sponsor Sen. Robert Peters
2021-04-22SenateSenate Floor Amendment No. 1 Recommend Do Adopt Commerce; 009-000-000
2021-04-21SenateAdded as Co-Sponsor Sen. Suzy Glowiak Hilton
2021-04-21SenateAdded as Co-Sponsor Sen. Robert Peters
2021-04-21SenateAdded as Co-Sponsor Sen. Cristina Castro
2021-04-21SenateAdded as Co-Sponsor Sen. Robert F. Martwick
2021-04-21SenateAdded as Co-Sponsor Sen. Elgie R. Sims, Jr.
2021-04-21SenateAdded as Co-Sponsor Sen. Bill Cunningham
2021-04-21SenatePlaced on Calendar Order of 3rd Reading April 22, 2021
2021-04-21SenateSecond Reading
2021-04-20SenateSenate Floor Amendment No. 1 Assignments Refers to Commerce
2021-04-15SenateSenate Floor Amendment No. 1 Referred to Assignments
2021-04-15SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Melinda Bush
2021-04-15SenatePlaced on Calendar Order of 2nd Reading April 20, 2021
2021-04-15SenateDo Pass Commerce; 011-000-000
2021-03-25SenateAdded as Chief Co-Sponsor Sen. Jason Plummer
2021-03-25SenatePostponed - Commerce
2021-03-23SenateAdded as Chief Co-Sponsor Sen. Sara Feigenholtz
2021-03-09SenateAssigned to Commerce
2021-02-25SenateReferred to Assignments
2021-02-25SenateFirst Reading
2021-02-25SenateFiled with Secretary by Sen. Melinda Bush

Illinois State Sources

TypeSource
Summaryhttps://www.ilga.gov/legislation/BillStatus.asp?DocNum=672&GAID=16&DocTypeID=SB&SessionID=110&GA=102
Texthttps://www.ilga.gov/legislation/102/SB/10200SB0672.htm
Texthttps://www.ilga.gov/legislation/102/SB/10200SB0672eng.htm
Texthttps://www.ilga.gov/legislation/102/SB/10200SB0672enr.htm
Texthttps://www.ilga.gov/legislation/publicacts/102/102-0358.htm
Amendmenthttps://www.ilga.gov/legislation/102/SB/10200SB0672sam001.htm
Amendmenthttps://www.ilga.gov/legislation/102/SB/10200SB0672sam002.htm
Amendmenthttps://www.ilga.gov/legislation/102/SB/10200SB0672ham001.htm
Roll Callhttps://www.ilga.gov/legislation/votehistory/102/senate/10200SB0672_04292021_002000T.pdf
Roll Callhttps://www.ilga.gov/legislation/votehistory/102/house/10200SB0672_05302021_002000T.pdf
Roll Callhttps://www.ilga.gov/legislation/votehistory/102/senate/10200SB0672ham001_05312021_011000C.pdf

Bill Comments

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