Governors This Week: NDA Reform, Eviction Moratoriums, Recall Election and More

IL Gov Okays NDA Reforms:

Illinois Gov. Pritzker signed legislation earlier this month that makes significant changes in Prairie State law governing the use of non-disclosure and non-compete agreements between businesses and workers.

Under SB 672, employers will be prohibited from entering into non-competition agreements with employees who earn $75,000 per year or less and non-compete agreements with employees who earn $45,000 per year or less. The salary limits on NDAs rise by $5,000 per year until Jan. 1, 2037, when they reach $90,000. The limits on non-compete agreements also grow by $2,500 per year until 207, maxing out at $52,500 or less.

The law will also require employers to advise an employee in writing to consult with an attorney before signing any such agreement and to give them at least 14 days to review documents beforehand. The law also bars such covenants with workers who have lost their jobs due to COVID-19 or something similar unless enforcement includes specified compensation for those employees.

It further allows employees who challenge an NDA or non-compete agreement to recover legal fees should they win their case; the attorney general to initiate actions against employers deemed to have engaged in a “pattern or practice” of conduct violating the law, and the state to seek penalties up to $5,000 against first-time violators and up to $10,000 against repeat violators. (NATIONAL LAW REVIEW, JD SUPRA)

OR Gov Extends Eviction Moratorium:

Noting a significant spike in COVID-19 cases, Oregon Gov. Kate Brown (D) extended a statewide residential moratorium on evictions through Dec. 31 this year. The measure applies to homeowners and certain landlords with residential tenants who attest to experiencing a loss of income due to the coronavirus pandemic. Lawmakers gave Brown the power to issue the extension under HB 2009, passed in May. It does not allow any further extensions. (PORTLAND OREGONIAN)

Legal Challenge to CA Recall:

Two California residents filed a federal lawsuit seeking to block or alter the state’s impending gubernatorial recall election. The suit contends the state's recall provision violates the equal protection clause of the U.S. Constitution by allowing sitting governors to be replaced by candidates who have received fewer votes. (POLITICO)

Polis Rescinds 157-year Old CO Proclamation to Kill Native Americans:

Colorado Gov. Jared Polis (D) issued an executive order last week that rescinds two 1864 decrees from Territorial Gov. John Evans that called for hunting and killing Native Americans and taking their property.

The decrees directly led to the horrific Sand Creek Massacre later that year, an attack by U.S. soldiers on a camp of Arapaho and Cheyenne peoples camped out in remote southeastern Colorado. Soldiers killed and mutilated at least 150 natives, mostly women and children, taking body parts as trophies.

“We can’t change the past, but we can honor the memories of those we lost by recognizing their sacrifice and to do better,” Polis said at the order signing ceremony. (DENVER POST, SMITHSONIAN, COLORADO NEWSLINE)

-- Compiled by RICH EHISEN