New Illinois Employment Legislation

Several new laws affecting Illinois employers and giving new rights to employees have taken effect with the new year. The new laws include a prohibition on restrictive covenants for low-wage employees, and requiring the paid sick leave, if offered by the employer, be usable by an employee caring for sick family members.

Prohibition on Restrictive Covenants for Low-Wage Employees.

The Freedom to Work Act prohibits restrictive covenants, or non-competition agreements, for employees making less than $13 per hour.  The prohibition applies to employers subject to the Illinois Minimum Wage Law, and additionally those employees who are excluded from the Minimum Wage Law by its white-collar exemption.

The $13 per hour minimum is not indexed to inflation, but if the minimum wage increases to above $13 per hour, the threshold will increase to the minimum wage.

The Act only explicitly includes restrictions on accepting employment; it does not address other common terms of employment agreements such as prohibitions on soliciting clients, customers or employees of the former employer.  Nor does it address restrictions to protect confidential or proprietary information.

Sick Leave to Care for Family Members

The Employee Sick Leave Act, also taking effect January 1, 2017, requires that if an employer offers paid sick leave to its employees, the employee must be allowed to use that sick leave to care for family members subject to some limitations.

The Act does not impose any burdens on employers concerning the amount of paid sick leave.  But, if the employer does offer paid sick leave to its employees, it must allow employees the choice to use that sick leave to care for family members in similar circumstances to where the employee would be able to use the leave for him or herself.

The family members included in the Act are the employee’s child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, step-parent, or step-child.

The amount of sick leave that an employee can use for family members is limited to what can be accrued in a six-month period.

Finally, the Act prohibits an employer from retaliating against an employee for using the benefits provided by the Act.