This page lists what the Illinois Freedom to Work Act says, with the dollar floors and dates that matter. It describes the statute only. Whether a given agreement holds up is decided case by case and needs an attorney.
What the law requires
| Requirement | In plain words | Section |
|---|---|---|
| Earnings floor | Actual or expected annualized earnings must exceed the floor for that covenant type, or it is void | 90/10(a)-(b) |
| Written advice | The employer advises the employee in writing to consult an attorney first | 90/20 |
| Review time | A copy at least 14 calendar days before work starts, or at least 14 days to review; early voluntary signing is allowed | 90/20 |
| Consideration | Two years of work after signing, or other professional or financial benefits | 90/5, 90/15 |
| Legitimate interest | Tied to the job, no wider than needed to protect a business interest, no undue hardship, not harmful to the public | 90/15 |
| Fact-based review | A court may weigh client ties, confidential information, and time, place and activity limits, case by case | 90/7 |
| Barred uses | COVID-type layoffs (unless enforcement comes with base-pay compensation); non-competes for workers under certain public-sector or education labor agreements; most construction staff; some mental health care | 90/10(c)-(f) |
Key numbers and dates
| Item | Amount or date | Year in force | Source label |
|---|---|---|---|
| Non-compete floor | Earnings above $75,000 | 2026 | 90/10(a) |
| Non-solicit floor | Earnings above $45,000 | 2026 | 90/10(b) |
| First scheduled step | $80,000 and $47,500 from January 1, 2027 | 2027 | 90/10 |
| Later steps | $85,000 and $50,000 from 2032; $90,000 and $52,500 from 2037 | 2032, 2037 | 90/10 |
| Review period | 14 calendar days | 2026 | 90/20 |
Source: 820 ILCS 90/10
The steps are fixed dates, not yearly or inflation-based changes.
Recent and pending changes
- January 1, 2025: a rule on mental health services for veterans and first responders (now Section 10(f)), plus a split of the union and construction rules into subsections (d) and (e) (Public Acts 103-915 and 103-921). Public Act 103-1062, effective February 7, 2025, renumbered the text.
- September 5, 2025: the FTC dropped its appeals of the court ruling that set aside its national non-compete rule. The rule is vacated and not in effect. On February 12, 2026 the FTC also removed it from the federal regulations. See our FTC Act guide.
- January 1, 2027: first threshold step, already enacted.
Penalties and enforcement
Disputes are decided in court or arbitration, and the Attorney General can bring pattern-and-practice cases. No licensing agency is involved. The fee rule below applies when an employer files a claim to enforce a covenant. Pay figures for the earnings test come from payroll records.
| Tier | What can happen | Section |
|---|---|---|
| Covenant fails a test | The covenant is void and unenforceable | 90/10, 90/20 |
| Employee prevails | The employer pays the employee's costs and reasonable attorney's fees | 90/25 |
| Attorney General case | Damages to the State, restitution and court orders | 90/30 |
| Civil penalty | Up to $5,000 per violation; each person under a violating agreement counts separately | 90/30(d) |
| Repeat violation | Up to $10,000 per violation within 5 years | 90/30(d) |
Other Illinois workplace rules, such as discrimination law, are covered in our Illinois Human Rights Act guide.
Official sources
- Illinois General Assembly: Illinois Freedom to Work Act (820 ILCS 90)
- Illinois General Assembly: Bill status of HB 3213
- Federal Trade Commission: FTC accedes to vacatur of the Non-Compete Clause Rule
- Federal Register: FTC removal of the Non-Compete Rule (91 FR 6507)
This page is a plain-language summary. The official source controls if there is any difference.