Below are highlights of some key Illinois employment laws passed since January 2020 which you may have missed in the mayhem of the pandemic, supply chain struggles and difficulties finding and keeping employees.
Please note that this article only provides notice of certain new laws and should not be relied upon as legal advice.
1. Restrictive covenants
If you haven't updated your noncompete and non-solicitation contracts recently, it's time to do so now. Under amendments to this law (eff. Jan. 1, 2022), Illinois businesses may no longer enter into restrictive covenants with employees who don't earn or are not expected to earn more than (a) $75,000 in the case of noncompete agreements; or (b) $45,000 in the case of non-solicitation agreements. The amendments also codify and (somewhat) clarify case law requiring "adequate consideration" to support restrictive covenants.
Additionally, you must advise employees that they have 14 days to review the agreement and should consult with an attorney. Additional limits apply to restrictive covenants in the construction industry and in connection with certain termination or layoffs. Nondisclosure agreements are not subject to these restrictions.
2. Criminal record discrimination prohibited
The Illinois Human Rights Act has been amended to make discrimination against an applicant or employee on account of a criminal record unlawful unless the employer: (a) analyzes the relationship between the crime and the job; (b) notifies the...
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