Section Newsletters

Articles on Non-Compete Agreements

Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark Intellectual Property, December 2025 Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark Agricultural Law, September 2025 Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark Employee Benefits, June 2025 Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark Corporate Law Departments, June 2025 Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark Elder Law, May 2025 Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Don’t let the “janitor rule” sweep away your non-compete By Robert H. Smeltzer Labor and Employment Law, May 2018 A recent federal decision from the Northern District of Illinois illustrates the perils of drafting and attempting to enforce overbroad restrictive covenants.
Non-compete clauses and Fitfield’s two-year bright line rule: Illinois Supreme Court still silent while district courts engage in battle over adequacy of consideration By Jessica L. Fangman & Hon. Russell W. Hartigan Civil Practice and Procedure, April 2015 The current restrictive covenant debate in Illinois centers around the Illinois Appellate Court’s decision in Fifield v. Premier Dealer Services Inc., in which the court held that at least two years of continued employment was sufficient consideration to render the non-compete clause enforceable.
Court unlocks barn door on employer’s right to maintain a stable work force By Jay Dobrutsky Corporate Law Departments, March 2005 For years employers have routinely included provisions in their non-competition agreements to restrict former employees from hiring away other employees.

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