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HB 2561

Relating to municipal home rule appeals

2025 Regular Session Introduced by Ryan Browning and 4 co-sponsors

HB 2561 limits non-compete agreements for health care workers, ensuring access to reproductive and maternity services in Illinois by protecting employee mobility.

To House Local Governments
#municipalities
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WeVote Research Nonpartisan
Bill Summary · HB 2561

Summary of HB 2561: Relating to Municipal Home Rule Appeals

Bill Information:
- Bill Number: HB 2561
- Title: Relating to Municipal Home Rule Appeals
- Status: To House Local Governments
- Introduced: February 04, 2025
- Classification: Bill
- Subject: Municipalities

Purpose and Intent

HB 2561 aims to amend the Illinois Freedom to Work Act to address the enforceability of covenants not to compete and covenants not to solicit, particularly in the context of reproductive health care and maternity care. The bill seeks to ensure that such covenants do not hinder the availability of essential health services in Illinois.

Key Provisions

  1. Covenants Not to Compete:

    • Employers may not enter into covenants not to compete with employees unless the employee's expected annual earnings exceed $75,000, with scheduled increases to $90,000 by 2037.
    • Covenants not to compete are void if entered into with employees terminated due to COVID-19-related circumstances unless compensation equivalent to the employee's base salary is provided during the enforcement period.

  2. Covenants Not to Solicit:

    • Similar to non-compete agreements, covenants not to solicit are only enforceable if the employee's expected earnings exceed $45,000, with increases planned to $52,500 by 2037.
    • These covenants are also void if entered into with employees affected by COVID-19 layoffs without appropriate compensation.

  3. Exemptions:

    • The bill specifies that covenants not to compete or solicit are void for individuals covered by collective bargaining agreements and for construction workers, with certain exceptions for management roles.

  4. Reproductive Health Care and Maternity Care:

    • Any covenant not to compete or solicit entered into after the effective date of this bill will not be enforceable regarding the provision of reproductive health care or maternity care if it is likely to reduce the availability of these services.
    • The burden of proof lies with the party seeking to enforce the covenant to demonstrate that it will not negatively impact service availability.

  5. Definitions:

    • The bill provides definitions for key terms such as "health care professional," "maternity care," and "reproductive health care," aligning them with existing laws.

Impact

  • Who is Affected:

    • The bill primarily affects employers and employees in Illinois, particularly in the health care sector, where reproductive and maternity services are provided.
    • Health care professionals and facilities may face limitations on their ability to enforce non-compete clauses, potentially increasing access to care for patients.

  • Timeline:

    • The bill was introduced on February 4, 2025, and has undergone several legislative actions, including amendments and referrals to various committees. It is currently under consideration by the House Local Governments Committee.

Conclusion

HB 2561 represents a significant shift in the regulation of employment agreements in Illinois, particularly concerning health care services. By limiting the enforceability of non-compete and non-solicitation agreements, the bill aims to protect the availability of critical reproductive and maternity health services, ensuring that health care professionals can provide care without undue restrictions.

Compiled from official sources — confirm details with the bill’s official record.

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