Chapter 820 — EMPLOYMENT

(820 ILCS 75/99) Sec. 99. Effective date. This Act takes effect January 1, 2015. (Source: P.A. 98-774, eff. 1-1-15.)

(820 ILCS 80/1) Sec. 1. Short title. This Act may be cited as the Illinois Secure Choice Savings Program Act. (Source: P.A. 98-1150, eff. 6-1-15.)

(820 ILCS 80/10) Sec. 10. Establishment of Illinois Secure Choice Savings Program. (a) A retirement savings program in the form of an automatic enrollment payroll deduction IRA, known as the Illinois Secure Choice Savings Program, is hereby established and shall be administered b…

(820 ILCS 80/15) Sec. 15. Illinois Secure Choice Savings Program Fund. (a) The Illinois Secure Choice Savings Program Fund is hereby established as a trust outside of the State treasury, with the Board created in Section 20 as its trustee. The Fund shall include the individual re…

(820 ILCS 80/16) Sec. 16. Illinois Secure Choice Administrative Fund. The Illinois Secure Choice Administrative Fund ("Administrative Fund") is created as a nonappropriated separate and apart trust fund in the State Treasury. The Board shall use moneys in the Administrative Fund …

(820 ILCS 80/20) Sec. 20. Composition of the Board. There is created the Illinois Secure Choice Savings Board. (a) The Board shall consist of the following 7 members: (1) the State Treasurer, or his or her designee, who shall serve as chair; (2) the State Comptroller, or his or h…

(820 ILCS 80/25) Sec. 25. Fiduciary duty. The Board, the individual members of the Board, the trustee appointed under subsection (b) of Section 30, any other agents appointed or engaged by the Board, and all persons serving as Program staff shall discharge their duties with respe…

(820 ILCS 80/30) Sec. 30. Duties of the Board. In addition to the other duties and responsibilities stated in this Act, the Board shall: (a) Cause the Program to be designed, established and operated in a manner that: (1) accords with best practices for retirement savings vehicle…

(820 ILCS 80/35) Sec. 35. Risk management. The Board shall prepare and adopt a written statement of investment policy that includes a risk management and oversight program. This investment policy shall prohibit the Board, Program, and Fund from borrowing for investment purposes. …

(820 ILCS 80/40) Sec. 40. Investment firms. (a) The Board shall engage, after an open bid process, an investment manager or managers to invest the Fund and any other assets of the Program. Moneys in the Fund may be invested or reinvested by the State Treasurer's Office or may be …

(820 ILCS 80/45) Sec. 45. Investment options. (a) The Board shall establish as an investment option a life-cycle fund with a target date based upon the age of the enrollee. This shall be the default investment option for enrollees who fail to elect an investment option unless and…

(820 ILCS 80/5) Sec. 5. Definitions. Unless the context requires a different meaning or as expressly provided in this Section, all terms shall have the same meaning as when used in a comparable context in the Internal Revenue Code. As used in this Act: "Board" means the Illinois …

(820 ILCS 80/50) Sec. 50. Benefits. Interest, investment earnings, and investment losses shall be allocated to individual Program accounts as established by the Board under subsection (d) of Section 30 of this Act. An individual's retirement savings benefit under the Program shal…

(820 ILCS 80/500) Sec. 500. (Amendatory provisions; text omitted). (Source: P.A. 98-1150, eff. 6-1-15; text omitted.)

(820 ILCS 80/55) Sec. 55. Employer and employee information packets and disclosure forms. (a) Prior to the opening of the Program for enrollment, the Board shall design and disseminate to all employers an employer information packet and an employee information packet, which shall…

(820 ILCS 80/60) Sec. 60. Program implementation and enrollment. Except as otherwise provided in Section 93 of this Act, the Program shall be implemented, and enrollment of employees shall begin in 2018. The Board shall establish an implementation timeline under which employers s…

(820 ILCS 80/65) Sec. 65. Payments. Employee contributions deducted by the participating employer through payroll deduction shall be paid by the participating employer to the Fund using one or more payroll deposit retirement savings arrangements established by the Board under sub…

(820 ILCS 80/70) Sec. 70. Duty and liability of the State. (a) The State shall have no duty or liability to any party for the payment of any retirement savings benefits accrued by any individual under the Program. Any financial liability for the payment of retirement savings bene…

(820 ILCS 80/75) Sec. 75. Duty and liability of participating employers. (a) Participating employers shall not have any liability for an employee's decision to participate in, or opt out of, the Program or for the investment decisions of the Board or of any enrollee. (b) A partic…

(820 ILCS 80/80) Sec. 80. Audit and reports. (a) The Board shall annually submit an audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the Program during each fiscal year by January 1 of the following year to the G…

(820 ILCS 80/85) Sec. 85. Penalties. (a) An employer who fails without reasonable cause to enroll an employee in the Program within the time prescribed under Section 60 of this Act and fails to remit their contributions shall be subject to a penalty equal to: (1) $250 per employe…

(820 ILCS 80/90) Sec. 90. Rules. The Board and the State Treasurer shall adopt, in accordance with the Illinois Administrative Procedure Act, any rules that may be necessary to implement this Act. (Source: P.A. 98-1150, eff. 6-1-15; 99-464, eff. 8-26-15.)

(820 ILCS 80/93) Sec. 93. Delayed implementation. If the Board does not obtain adequate funds to implement the Program within the time frame set forth under Section 60 of this Act, the Board may delay the implementation of the Program. (Source: P.A. 98-1150, eff. 6-1-15.)

(820 ILCS 80/95) Sec. 95. Federal considerations. The Board shall request in writing an opinion or ruling from the appropriate entity with jurisdiction over the federal Employee Retirement Income Security Act regarding the applicability of the federal Employee Retirement Income S…

(820 ILCS 90/1) Sec. 1. Short title. This Act may be cited as the Illinois Freedom to Work Act. (Source: P.A. 99-860, eff. 1-1-17.)

(820 ILCS 90/10) Sec. 10. Prohibiting covenants not to compete and covenants not to solicit. (a) No employer shall enter into a covenant not to compete with any employee unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year. This amount sha…

(820 ILCS 90/15) Sec. 15. Enforceability of a covenant not to compete or a covenant not to solicit. A covenant not to compete or a covenant not to solicit is illegal and void unless (1) the employee receives adequate consideration, (2) the covenant is ancillary to a valid employm…

(820 ILCS 90/20) Sec. 20. Ensuring employees are informed about their obligations. A covenant not to compete or a covenant not to solicit is illegal and void unless (1) the employer advises the employee in writing to consult with an attorney before entering into the covenant and …

(820 ILCS 90/25) Sec. 25. Remedies. In addition to any remedies available under any agreement between an employer and an employee or under any other statute, in a civil action or arbitration filed by an employer (including, but not limited to, a complaint or counterclaim), if an …

(820 ILCS 90/30) Sec. 30. Attorney General enforcement. (a) Whenever the Attorney General has reasonable cause to believe that any person or entity is engaged in a pattern and practice prohibited by this Act, the Attorney General may initiate or intervene in a civil action in the…

(820 ILCS 90/35) Sec. 35. Reformation. (a) Extensive judicial reformation of a covenant not to compete or a covenant not to solicit may be against the public policy of this State and a court may refrain from wholly rewriting contracts. (b) In some circumstances, a court may, in i…

(820 ILCS 90/5) Sec. 5. Definitions. In this Act: "Adequate consideration" means (1) the employee worked for the employer for at least 2 years after the employee signed an agreement containing a covenant not to compete or a covenant not to solicit or (2) the employer otherwise pr…

(820 ILCS 90/7) Sec. 7. Legitimate business interest of the employer. In determining the legitimate business interest of the employer, the totality of the facts and circumstances of the individual case shall be considered. Factors that may be considered in this analysis include, …

(820 ILCS 90/97) Sec. 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 102-358, eff. 1-1-22.)

(820 ILCS 92/1) Sec. 1. Short title. This Act may be cited as the Employee Misclassification Referral System Act. (Source: P.A. 100-536, eff. 6-1-18.)

(820 ILCS 92/10) Sec. 10. Agency website information. The Department of Employment Security, the Illinois Workers' Compensation Commission, the Department of Revenue, the Department of Labor, and any other agency that regulates or licenses businesses shall put on its website, in …

(820 ILCS 92/15) Sec. 15. Rulemaking. The Department of Labor may adopt rules to implement the requirements of this Act. (Source: P.A. 100-536, eff. 6-1-18.)

(820 ILCS 92/30) Sec. 30. (Amendatory provisions; text omitted). (Source: P.A. 100-536, eff. 6-1-18; text omitted.)

(820 ILCS 92/5) Sec. 5. Employee misclassification referral system. The Department of Labor shall create an online employee misclassification referral system on its website. The employee misclassification referral system shall use one form that contains all the necessary informat…

(820 ILCS 95/1) Sec. 1. Short title. This Act may be cited as the Human Trafficking Recognition Training Act. (Source: P.A. 104-99, eff. 1-1-26.)

(820 ILCS 95/10) Sec. 10. Human trafficking recognition training. An employer shall provide its employees with training in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. The employees shall complete the tr…

(820 ILCS 95/100) Sec. 100. (Amendatory provisions; text omitted). (Source: P.A. 101-18, eff. 1-1-20; text omitted.)

(820 ILCS 95/105) Sec. 105. (Amendatory provisions; text omitted). (Source: P.A. 101-18, eff. 1-1-20; text omitted.)

(820 ILCS 95/110) Sec. 110. (Amendatory provisions; text omitted). (Source: P.A. 101-18, eff. 1-1-20; text omitted.)

(820 ILCS 95/115) Sec. 115. (Amendatory provisions; text omitted). (Source: P.A. 101-18, eff. 1-1-20; text omitted.)

(820 ILCS 95/15) Sec. 15. Human trafficking recognition training curriculum. (a) An employer may use its own human trafficking training program or that of a third party and be in full compliance with this Act if the human trafficking training program includes, at a minimum, all o…

(820 ILCS 95/20) Sec. 20. Penalties. (a) Beginning October 1, 2026, the Department, a unit of local government regulating an employer, or a law enforcement agency with jurisdiction over an employer may, in the course of its regulatory or enforcement duties, monitor and enforce co…

(820 ILCS 95/5) Sec. 5. Definitions. In this Act: "Department" means the Department of Human Services. "Employee" means a person employed by a lodging establishment, restaurant, or truck stop who has recurring interactions with the public, including, but not limited to, an employ…

(820 ILCS 95/99) Sec. 99. Effective date. This Act takes effect upon becoming law. (Source: P.A. 101-499, eff. 8-23-19.)

(820 ILCS 95/999) Sec. 999. Effective date. This Section and Sections 1 through 15 take effect upon becoming law. (Source: P.A. 101-18, eff. 6-20-19.)