Illinois Enacts New Noncompete and Nonsolicit Law

By and on September 1, 2021
Posted In Employment, Labor

Illinois has enacted a new law governing restrictive covenants: Public Act 102-0358. This law outlines the requirements for valid noncompetition and nonsolicitation agreements, and enforcement of those covenants. It will apply to all agreements entered into on or after January 1, 2022.

According to McDermott’s Brian Mead and Barrick Bollman, the legislation allows an employee to recover costs and reasonable attorney’s fees if the employee prevails in an action seeking to enforce a noncompetition or nonsolicitation agreement. The legislation also requires that employers advise employees, in writing, to consult with counsel before entering into a noncompetition or nonsolicitation agreement, and that employees be afforded 14 days to review the covenant before signing.

Read more here.

Brian MeadBrian Mead
Brian Mead focuses his practice on various labor and employment issues. He defends employers, before state and federal courts and administrative agencies, in individual and class action litigation under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Fair Credit Reporting Act, the Fair Labor Standards Act and other employment laws, including discrimination, wrongful termination, retaliation, and breach of contract claims. Additionally, Brian has experience in prosecuting and defending employee mobility and trade secret litigation cases on an emergency injunctive basis. Brian is skilled in researching multi-jurisdictional employment issues and preparing memoranda explaining the nuances of these issues and providing a recommended course of action. Read Brian Mead's full bio.


Barrick BollmanBarrick Bollman
Barrick Bollman focuses his practice on various labor and employment issues. Previously, Barrick served as a law clerk to the Honorable Kenneth F. Ripple of the US Court of Appeals for the Seventh Circuit. While in law school, he served as a judicial extern to the Honorable Amy J. St. Eve of the US District Court for the Northern District of Illinois. In addition, Barrick was a notes editor for the Northwestern University Law Review. Barrick was also an officer in Moot Court Society, placing second overall and winning best brief in the Appellate Lawyers Association Moot Court Competition. Read Barrick Bollman's full bio.

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