Bill Text: IL HB2840 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Illinois Freedom to Work Act. Changes the definition of "first responders" to apply to any persons who are currently or formerly employed as emergency medical services personnel, firefighters, and law enforcement officers. Amends the Child Labor Law of 2024. Provides that the requirement that all minors must be supervised by an adult that is 21 years of age or older 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. Effective immediately.

Sponsorship: Partisan Bill (Democrat 11)

Status: (Passed) 2025-02-07 - Public Act . . . . . . . . . 103-1062 [HB2840 Detail]

Download: Illinois-2023-HB2840-Chaptered.html

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Public Act 103-1062
HB2840 Enrolled LRB103 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.