SB3430 Summary

• Expands the Illinois Freedom to Work Act to apply to all employees, removing the prior limitation to only low-wage employees earning $13.00 per hour or less.

• Makes covenants not to compete illegal and void unless the employee receives adequate consideration (either 2 years of employment or other fair consideration bargained for specifically) and the covenant is ancillary to a valid employment relationship.

• Requires covenants not to compete to be no broader than necessary to protect legitimate business interests, must not impose undue hardship on the employee, and must not be injurious to the public.

• Mandates that employers provide employees with written notice to consult an attorney and either provide a copy of the covenant at least 10 business days before employment begins or allow 21 days for review.

• Allows employees to recover costs and reasonable attorney's fees in civil actions involving covenants not to compete if the employee prevails.