Starting Jan. 1, 2026, Illinois’ amended Workplace Transparency Act (WTA) takes effect, giving more protections to employees, contractors, and consultants, and challenging Illinois employers to undertake new, strategic approaches if they wish to continue including some common, employer-friendly provisions in their agreements with current and former employees.
The changes include prohibitions on various “unilateral” contract provisions required as a condition of employment and heightened requirements for valid mutual conditions and confidentiality clauses. The amendments also introduce new protections for employees participating in “concerted activity” and a new remedy of consequential damages that employees may pursue in addition to attorneys’ fees and costs.