SB2737 Enrolled LRB103 37212 SPS 67331 b
1		AN ACT concerning employment.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Freedom to Work Act is amended by
5		changing Section 10 as follows:
6		(820 ILCS 90/10)
7		Sec. 10. Prohibiting covenants not to compete and
8		covenants not to solicit.
9		(a) No employer shall enter into a covenant not to compete
10		with any employee unless the employee's actual or expected
11		annualized rate of earnings exceeds $75,000 per year. This
12		amount shall increase to $80,000 per year beginning on January
13		1, 2027, $85,000 per year beginning on January 1, 2032, and
14		$90,000 per year beginning on January 1, 2037. A covenant not
15		to compete entered into in violation of this subsection is
16		void and unenforceable.
17		(b) No employer shall enter into a covenant not to solicit
18		with any employee unless the employee's actual or expected
19		annualized rate of earnings exceeds $45,000 per year. This
20		amount shall increase to $47,500 per year beginning on January
21		1, 2027, $50,000 per year beginning on January 1, 2032, and
22		$52,500 per year beginning on January 1, 2037. A covenant not
23		to solicit entered into in violation of this subsection is

SB2737 Enrolled - 2 - LRB103 37212 SPS 67331 b
1		void and unenforceable.
2		(c) No employer shall enter into a covenant not to compete
3		or a covenant not to solicit with any employee who an employer
4		terminates or furloughs or lays off as the result of business
5		circumstances or governmental orders related to the COVID-19
6		pandemic or under circumstances that are similar to the
7		COVID-19 pandemic, unless enforcement of the covenant not to
8		compete includes compensation equivalent to the employee's
9		base salary at the time of termination for the period of
10		enforcement minus compensation earned through subsequent
11		employment during the period of enforcement. A covenant not to
12		compete or a covenant not to solicit entered into in violation
13		of this subsection is void and unenforceable.
14		(d) A covenant not to compete is void and illegal with
15		respect to individuals covered by a collective bargaining
16		agreement under the Illinois Public Labor Relations Act or the
17		Illinois Educational Labor Relations Act and individuals
18		employed in construction. This subsection (d) does not apply
19		to construction employees who primarily perform management,
20		engineering or architectural, design, or sales functions for
21		the employer or who are shareholders, partners, or owners in
22		any capacity of the employer.
23		(e) Any covenant not to compete or covenant not to solicit
24		entered into after the effective date of this amendatory Act
25		of the 103rd General Assembly shall not be enforceable with
26		respect to the provision of mental health services to veterans

SB2737 Enrolled - 3 - LRB103 37212 SPS 67331 b
1		and first responders by any licensed mental health
2		professional in this State if the enforcement of the covenant
3		not to compete or covenant not to solicit is likely to result
4		in an increase in cost or difficulty for any veteran or first
5		responder seeking mental health services.
6		For the purpose of this subsection:
7		"First responders" means emergency medical services
8		personnel, as defined in the Emergency Medical Services (EMS)
9		Systems Act, firefighters, and law enforcement officers.
10		"Licensed mental health professional" means a person
11		licensed under the Clinical Psychologist Licensing Act, the
12		Clinical Social Work and Social Work Practice Act, the
13		Marriage and Family Therapy Licensing Act, the Nurse Practice
14		Act, or the Professional Counselor and Clinical Professional
15		Counselor Licensing and Practice Act.
16		(Source: P.A. 102-358, eff. 1-1-22.)