SB 2770

Abstract

Creates the Construction Industry Employment Freedom Act. Provides that any employer not party to a bona fide collective bargaining agreement with a labor organization in the construction industry shall not enter into or enforce a non-compete agreement or non-solicitation agreement that restricts or prohibits a worker from accepting employment with an employer that is party to a bona fide collective bargaining agreement with a labor organization. Provides that any non-compete agreement or non-solicitation agreement that violates that provision shall be void and unenforceable. Provides that the Department of Labor shall be responsible for enforcing the provisions of the Act. Provides that any employer found to be in violation of the Act shall be subject to a fine as determined by the Department of Labor, not to exceed $5,000 for each violation. Provides that any affected employee may bring a civil action against an employer for injunctive relief and damages for violations of the Act. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: New Act Adds reference to: 820 ILCS 90/10 Replaces everything after the enacting clause. Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete or a covenant not to solicit is void and illegal with respect to individuals employed in construction, regardless of whether an individual is covered by a collective bargaining agreement.