New Employment Regulations

Captive Meetings: Illinois has enacted law that takes effect January 1, 2025, prohibiting employers from conducting so-called “captive meetings,” where they speak on political or religious topics and require the attendance of the employee.

The law does not restrict the speech of employers in any way or prevent them from holding meetings to speak on religious or political matters.  It only prohibits the employer from taking any form of disciplinary action against employees who decline to attend these meetings.

The law has a lengthy list of exceptions including: legally required notices, voluntary meetings, communications necessary for the operation of the organization, training for work place civility or prevention of harassment or discrimination, meetings for advocacy organizations registered under certain tax code provisions (not including 501(c)(3) organizations), and religious organizations requiring participation in meetings concerning religious topics.

The new law may be enforced by the Department of Labor, which may impose penalties of up to $1,000 per violation on a per employee basis.  Employees who face disciplinary action may also file civil claims to recover lost wages and for reinstatement as well as their attorneys fees.

Federal Non-Compete Ban: The Federal Trade Commission recently announced a ban on employers imposing non-competition agreements on their employees in most circumstances that would have taken effect September 4, 2024.  A Federal judge in Texas recently issued a ruling invalidating the regulations before it took effect.  The FTC has announced its intention to appeal the ruling.  If you are an employer or employee subject to an non-competition agreement, the progress of the appeal will be something to continue to monitor, and if you wish to review how the regulations affect you or your business, the attorneys at our firm are available to assist you.