HB5461ham001 104TH GENERAL ASSEMBLY

Rep. Jennifer Gong-Gershowitz

Filed: 3/19/2026

10400HB5461ham001 LRB104 19332 SPS 35761 a

AMENDMENT TO HOUSE BILL 5461

AMENDMENT NO. ______. Amend House Bill 5461 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Freedom to Work Act is amended by adding Section 13 as follows:

(820 ILCS 90/13 new)

Sec. 13. Prohibition of contracts requiring payment upon termination by either party.

(a) Except as provided in subsection (d), it is unlawful to include in any employment contract, or to require an employee to execute as a condition of employment or a work relationship, a contract that:

(1) requires the employee to pay an employer or third party for a debt if the employee's employment or work relationship with a specific employer is terminated by either party;

(2) authorizes the employer or third party to resume or initiate collection of or to end forbearance on a debt if the employee's employment or work relationship with a specific employer is terminated by either party; or

(3) imposes any penalty, fee, or cost on an employee if the employee's employment or work relationship with a specific employer is terminated by either party.

(b) This Section applies to contracts entered into on or after the effective date of this amendatory Act of the 104th General Assembly.

(c) A contract entered into in violation of this Section is void and unenforceable. Any payments made or wages or other payments deducted or otherwise withheld in violation of this Section may be recovered as unpaid wages under the Illinois Wage Payment and Collection Act.

(d) This Section does not apply to any wage deduction authorized under Section 9 of the Illinois Wage Payment and Collection Act or any contracts with an apprenticeship program registered with the Office of Apprenticeship within the U.S. Department of Labor's Employment and Training Administration.".