On the October 30, 2017 episode of Illinois Public Media's Legal Issues in the News, Professor Bob Lawless spoke about the Illinois Freedom to Work Law.
"The Illinois attorney general has sued Check Into Cash for violations of Illinois’s new law about covenants not to compete. Check Into Cash is a national payday lending and check-cashing company. A covenant not to compete is a contractually binding promise an employee makes to an employer not to work at a competing business even after the employee leaves. If the employee breaks that promise, the employer can sue for money damages or even for an injunction stopping the employee from working at the competing job.
"In January 2017, Illinois joined a growing number of states to take action against employer abuse of covenants not to compete. Under the Illinois Freedom to Work Law, employers cannot enforce covenants not to compete against employees making $13/hour or less. The attorney general’s lawsuit against Check Into Cash relies on the Freedom to Work law, alleging many of the company’s employees make under $13/hour. This law, however, does not specify the consequences of a violation. It merely says that a covenant not to compete is null and void when the employee wage is $13/hour or less. There is not much deterrence if the only consequence of violating the Freedom to Work Law is that the company has to stop doing so."
Listen to the full episode.