Illinois 2023-2024 Regular Session

Illinois House Bill HB2881 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2881 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED: 820 ILCS 130/1 from Ch. 48, par. 39s-1 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/11 from Ch. 48, par. 39s-11 Amends the Prevailing Wage Act. Provides that the provisions of the Act apply to the construction or demolition of public works performed by an employee of a public body engaged in the construction or demolition of public works on behalf of another public body. Makes conforming changes. LRB103 27136 SPS 53505 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2881 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED: 820 ILCS 130/1 from Ch. 48, par. 39s-1 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/11 from Ch. 48, par. 39s-11 820 ILCS 130/1 from Ch. 48, par. 39s-1 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/11 from Ch. 48, par. 39s-11 Amends the Prevailing Wage Act. Provides that the provisions of the Act apply to the construction or demolition of public works performed by an employee of a public body engaged in the construction or demolition of public works on behalf of another public body. Makes conforming changes. LRB103 27136 SPS 53505 b LRB103 27136 SPS 53505 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2881 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 130/1 from Ch. 48, par. 39s-1 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/11 from Ch. 48, par. 39s-11 820 ILCS 130/1 from Ch. 48, par. 39s-1 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/11 from Ch. 48, par. 39s-11
4	4	820 ILCS 130/1 from Ch. 48, par. 39s-1
5	5	820 ILCS 130/2 from Ch. 48, par. 39s-2
6	6	820 ILCS 130/3 from Ch. 48, par. 39s-3
7	7	820 ILCS 130/5 from Ch. 48, par. 39s-5
8	8	820 ILCS 130/11 from Ch. 48, par. 39s-11
9	9	Amends the Prevailing Wage Act. Provides that the provisions of the Act apply to the construction or demolition of public works performed by an employee of a public body engaged in the construction or demolition of public works on behalf of another public body. Makes conforming changes.
10	10	LRB103 27136 SPS 53505 b LRB103 27136 SPS 53505 b
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12	12	A BILL FOR
13	13	HB2881LRB103 27136 SPS 53505 b HB2881 LRB103 27136 SPS 53505 b
14	14	HB2881 LRB103 27136 SPS 53505 b
15	15	1 AN ACT concerning employment.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Prevailing Wage Act is amended by changing
19	19	5 Sections 1, 2, 3, 5, and 11 as follows:
20	20	6 (820 ILCS 130/1) (from Ch. 48, par. 39s-1)
21	21	7 Sec. 1. It is the policy of the State of Illinois that a
22	22	8 wage of no less than the general prevailing hourly rate as paid
23	23	9 for work of a similar character in the locality in which the
24	24	10 work is performed, shall be paid to all laborers, workers and
25	25	11 mechanics employed by or on behalf of any and all public bodies
26	26	12 engaged in public works. It is also the policy of the State of
27	27	13 Illinois that a wage of no less than the general prevailing
28	28	14 hourly rate as paid for work of a similar character in the
29	29	15 locality in which the work is performed shall be paid to all
30	30	16 employees of public bodies when engaged in public works on
31	31	17 behalf of other public bodies.
32	32	18 (Source: P.A. 83-443.)
33	33	19 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
34	34	20 Sec. 2. This Act applies to the wages of laborers,
35	35	21 mechanics and other workers employed in any public works, as
36	36	22 hereinafter defined, by any public body and to anyone under
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2881 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED:
41	41	820 ILCS 130/1 from Ch. 48, par. 39s-1 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/11 from Ch. 48, par. 39s-11 820 ILCS 130/1 from Ch. 48, par. 39s-1 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/3 from Ch. 48, par. 39s-3 820 ILCS 130/5 from Ch. 48, par. 39s-5 820 ILCS 130/11 from Ch. 48, par. 39s-11
42	42	820 ILCS 130/1 from Ch. 48, par. 39s-1
43	43	820 ILCS 130/2 from Ch. 48, par. 39s-2
44	44	820 ILCS 130/3 from Ch. 48, par. 39s-3
45	45	820 ILCS 130/5 from Ch. 48, par. 39s-5
46	46	820 ILCS 130/11 from Ch. 48, par. 39s-11
47	47	Amends the Prevailing Wage Act. Provides that the provisions of the Act apply to the construction or demolition of public works performed by an employee of a public body engaged in the construction or demolition of public works on behalf of another public body. Makes conforming changes.
48	48	LRB103 27136 SPS 53505 b LRB103 27136 SPS 53505 b
49	49	LRB103 27136 SPS 53505 b
50	50	A BILL FOR
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56	56	820 ILCS 130/1 from Ch. 48, par. 39s-1
57	57	820 ILCS 130/2 from Ch. 48, par. 39s-2
58	58	820 ILCS 130/3 from Ch. 48, par. 39s-3
59	59	820 ILCS 130/5 from Ch. 48, par. 39s-5
60	60	820 ILCS 130/11 from Ch. 48, par. 39s-11
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79	79	1 contracts for public works. This includes any maintenance,
80	80	2 repair, assembly, or disassembly work performed on equipment
81	81	3 whether owned, leased, or rented.
82	82	4 As used in this Act, unless the context indicates
83	83	5 otherwise:
84	84	6 "Public works" means all fixed works constructed or
85	85	7 demolished by any public body, or paid for wholly or in part
86	86	8 out of public funds, including fixed works constructed or
87	87	9 demolished by a public body on behalf of another public body.
88	88	10 "Public works" as defined herein includes all projects
89	89	11 financed in whole or in part with bonds, grants, loans, or
90	90	12 other funds made available by or through the State or any of
91	91	13 its political subdivisions, including but not limited to:
92	92	14 bonds issued under the Industrial Project Revenue Bond Act
93	93	15 (Article 11, Division 74 of the Illinois Municipal Code), the
94	94	16 Industrial Building Revenue Bond Act, the Illinois Finance
95	95	17 Authority Act, the Illinois Sports Facilities Authority Act,
96	96	18 or the Build Illinois Bond Act; loans or other funds made
97	97	19 available pursuant to the Build Illinois Act; loans or other
98	98	20 funds made available pursuant to the Riverfront Development
99	99	21 Fund under Section 10-15 of the River Edge Redevelopment Zone
100	100	22 Act; or funds from the Fund for Illinois' Future under Section
101	101	23 6z-47 of the State Finance Act, funds for school construction
102	102	24 under Section 5 of the General Obligation Bond Act, funds
103	103	25 authorized under Section 3 of the School Construction Bond
104	104	26 Act, funds for school infrastructure under Section 6z-45 of
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115	115	1 the State Finance Act, and funds for transportation purposes
116	116	2 under Section 4 of the General Obligation Bond Act. "Public
117	117	3 works" also includes (i) all projects financed in whole or in
118	118	4 part with funds from the Environmental Protection Agency under
119	119	5 the Illinois Renewable Fuels Development Program Act for which
120	120	6 there is no project labor agreement; (ii) all work performed
121	121	7 pursuant to a public private agreement under the Public
122	122	8 Private Agreements for the Illiana Expressway Act or the
123	123	9 Public-Private Agreements for the South Suburban Airport Act;
124	124	10 (iii) all projects undertaken under a public-private agreement
125	125	11 under the Public-Private Partnerships for Transportation Act;
126	126	12 and (iv) all transportation facilities undertaken under a
127	127	13 design-build contract or a Construction Manager/General
128	128	14 Contractor contract under the Innovations for Transportation
129	129	15 Infrastructure Act. "Public works" also includes all projects
130	130	16 at leased facility property used for airport purposes under
131	131	17 Section 35 of the Local Government Facility Lease Act. "Public
132	132	18 works" also includes the construction of a new wind power
133	133	19 facility by a business designated as a High Impact Business
134	134	20 under Section 5.5(a)(3)(E) and the construction of a new
135	135	21 utility-scale solar power facility by a business designated as
136	136	22 a High Impact Business under Section 5.5(a)(3)(E-5) of the
137	137	23 Illinois Enterprise Zone Act. "Public works" also includes
138	138	24 electric vehicle charging station projects financed pursuant
139	139	25 to the Electric Vehicle Act and renewable energy projects
140	140	26 required to pay the prevailing wage pursuant to the Illinois
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151	151	1 Power Agency Act. "Public works" does not include work done
152	152	2 directly by any public utility company, whether or not done
153	153	3 under public supervision or direction, or paid for wholly or
154	154	4 in part out of public funds. "Public works" also includes
155	155	5 construction projects performed by a third party contracted by
156	156	6 any public utility, as described in subsection (a) of Section
157	157	7 2.1, in public rights-of-way, as defined in Section 21-201 of
158	158	8 the Public Utilities Act, whether or not done under public
159	159	9 supervision or direction, or paid for wholly or in part out of
160	160	10 public funds. "Public works" also includes construction
161	161	11 projects that exceed 15 aggregate miles of new fiber optic
162	162	12 cable, performed by a third party contracted by any public
163	163	13 utility, as described in subsection (b) of Section 2.1, in
164	164	14 public rights-of-way, as defined in Section 21-201 of the
165	165	15 Public Utilities Act, whether or not done under public
166	166	16 supervision or direction, or paid for wholly or in part out of
167	167	17 public funds. "Public works" also includes any corrective
168	168	18 action performed pursuant to Title XVI of the Environmental
169	169	19 Protection Act for which payment from the Underground Storage
170	170	20 Tank Fund is requested. "Public works" does not include
171	171	21 projects undertaken by the owner at an owner-occupied
172	172	22 single-family residence or at an owner-occupied unit of a
173	173	23 multi-family residence. "Public works" does not include work
174	174	24 performed for soil and water conservation purposes on
175	175	25 agricultural lands, whether or not done under public
176	176	26 supervision or paid for wholly or in part out of public funds,
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187	187	1 done directly by an owner or person who has legal control of
188	188	2 those lands.
189	189	3 "Construction" means all work on public works involving
190	190	4 laborers, workers or mechanics. This includes any maintenance,
191	191	5 repair, assembly, or disassembly work performed on equipment
192	192	6 whether owned, leased, or rented.
193	193	7 "Locality" means the county where the physical work upon
194	194	8 public works is performed, except (1) that if there is not
195	195	9 available in the county a sufficient number of competent
196	196	10 skilled laborers, workers and mechanics to construct the
197	197	11 public works efficiently and properly, "locality" includes any
198	198	12 other county nearest the one in which the work or construction
199	199	13 is to be performed and from which such persons may be obtained
200	200	14 in sufficient numbers to perform the work and (2) that, with
201	201	15 respect to contracts for highway work with the Department of
202	202	16 Transportation of this State, "locality" may at the discretion
203	203	17 of the Secretary of the Department of Transportation be
204	204	18 construed to include two or more adjacent counties from which
205	205	19 workers may be accessible for work on such construction.
206	206	20 "Public body" means the State or any officer, board or
207	207	21 commission of the State or any political subdivision or
208	208	22 department thereof, or any institution supported in whole or
209	209	23 in part by public funds, and includes every county, city,
210	210	24 town, village, township, school district, irrigation, utility,
211	211	25 reclamation improvement or other district and every other
212	212	26 political subdivision, district or municipality of the state
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223	223	1 whether such political subdivision, municipality or district
224	224	2 operates under a special charter or not.
225	225	3 "Labor organization" means an organization that is the
226	226	4 exclusive representative of an employer's employees recognized
227	227	5 or certified pursuant to the National Labor Relations Act.
228	228	6 The terms "general prevailing rate of hourly wages",
229	229	7 "general prevailing rate of wages" or "prevailing rate of
230	230	8 wages" when used in this Act mean the hourly cash wages plus
231	231	9 annualized fringe benefits for training and apprenticeship
232	232	10 programs approved by the U.S. Department of Labor, Bureau of
233	233	11 Apprenticeship and Training, health and welfare, insurance,
234	234	12 vacations and pensions paid generally, in the locality in
235	235	13 which the work is being performed, to employees engaged in
236	236	14 work of a similar character on public works.
237	237	15 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
238	238	16 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
239	239	17 6-15-22.)
240	240	18 (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
241	241	19 Sec. 3. Not less than the general prevailing rate of
242	242	20 hourly wages for work of a similar character on public works in
243	243	21 the locality in which the work is performed, and not less than
244	244	22 the general prevailing rate of hourly wages for legal holiday
245	245	23 and overtime work, shall be paid to all laborers, workers and
246	246	24 mechanics employed by or on behalf of any public body engaged
247	247	25 in the construction or demolition of public works. This
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258	258	1 includes any maintenance, repair, assembly, or disassembly
259	259	2 work performed on equipment whether owned, leased, or rented.
260	260	3 This also includes the construction or demolition of public
261	261	4 works performed by an employee of a public body engaged in the
262	262	5 construction or demolition of public works on behalf of
263	263	6 another public body. Only such laborers, workers and mechanics
264	264	7 as are directly employed by contractors or subcontractors in
265	265	8 actual construction work on the site of the building or
266	266	9 construction job, and laborers, workers and mechanics engaged
267	267	10 in the transportation of materials and equipment to or from
268	268	11 the site, but not including the transportation by the sellers
269	269	12 and suppliers or the manufacture or processing of materials or
270	270	13 equipment, in the execution of any contract or contracts for
271	271	14 public works with any public body shall be deemed to be
272	272	15 employed upon public works. The wage for a tradesman
273	273	16 performing maintenance is equivalent to that of a tradesman
274	274	17 engaged in construction or demolition.
275	275	18 (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
276	276	19 (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
277	277	20 Sec. 5. Certified payroll.
278	278	21 (a) Any contractor and each subcontractor who participates
279	279	22 in public works and any public body that participates in
280	280	23 public works on behalf of another public body shall:
281	281	24 (1) make and keep, for a period of not less than 3
282	282	25 years from the date of the last payment made before
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293	293	1 January 1, 2014 (the effective date of Public Act 98-328)
294	294	2 and for a period of 5 years from the date of the last
295	295	3 payment made on or after January 1, 2014 (the effective
296	296	4 date of Public Act 98-328) on a contract or subcontract
297	297	5 for public works, records of all laborers, mechanics, and
298	298	6 other workers employed by them on the project; the records
299	299	7 shall include (i) the worker's name, (ii) the worker's
300	300	8 address, (iii) the worker's telephone number when
301	301	9 available, (iv) the last 4 digits of the worker's social
302	302	10 security number, (v) the worker's gender, (vi) the
303	303	11 worker's race, (vii) the worker's ethnicity, (viii)
304	304	12 veteran status, (ix) the worker's classification or
305	305	13 classifications, (x) the worker's skill level, such as
306	306	14 apprentice or journeyman, (xi) the worker's gross and net
307	307	15 wages paid in each pay period, (xii) the worker's number
308	308	16 of hours worked each day, (xiii) the worker's starting and
309	309	17 ending times of work each day, (xiv) the worker's hourly
310	310	18 wage rate, (xv) the worker's hourly overtime wage rate,
311	311	19 (xvi) the worker's hourly fringe benefit rates, (xvii) the
312	312	20 name and address of each fringe benefit fund, (xviii) the
313	313	21 plan sponsor of each fringe benefit, if applicable, and
314	314	22 (xix) the plan administrator of each fringe benefit, if
315	315	23 applicable; and
316	316	24 (2) no later than the 15th day of each calendar month
317	317	25 file a certified payroll for the immediately preceding
318	318	26 month with the public body in charge of the project until
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329	329	1 the Department of Labor activates the database created
330	330	2 under Section 5.1 at which time certified payroll shall
331	331	3 only be submitted to that database, except for projects
332	332	4 done by State agencies that opt to have contractors submit
333	333	5 certified payrolls directly to that State agency. A State
334	334	6 agency that opts to directly receive certified payrolls
335	335	7 must submit the required information in a specified
336	336	8 electronic format to the Department of Labor no later than
337	337	9 10 days after the certified payroll was filed with the
338	338	10 State agency. A certified payroll must be filed for only
339	339	11 those calendar months during which construction on a
340	340	12 public works project has occurred. The certified payroll
341	341	13 shall consist of a complete copy of the records identified
342	342	14 in paragraph (1) of this subsection (a), but may exclude
343	343	15 the starting and ending times of work each day. The
344	344	16 certified payroll shall be accompanied by a statement
345	345	17 signed by the contractor or subcontractor or an officer,
346	346	18 employee, or agent of the contractor or subcontractor or
347	347	19 an officer, employee, or agent of a public body engaged in
348	348	20 the construction or demolition of public works on behalf
349	349	21 of another public body, which avers that: (i) he or she has
350	350	22 examined the certified payroll records required to be
351	351	23 submitted by the Act and such records are true and
352	352	24 accurate; (ii) the hourly rate paid to each worker is not
353	353	25 less than the general prevailing rate of hourly wages
354	354	26 required by this Act; and (iii) the public body engaged in
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365	365	1 the construction or demolition of public works on behalf
366	366	2 of another public body or the contractor or subcontractor
367	367	3 is aware that filing a certified payroll that he or she
368	368	4 knows to be false is a Class A misdemeanor. A general
369	369	5 contractor is not prohibited from relying on the
370	370	6 certification of a lower tier subcontractor, provided the
371	371	7 general contractor does not knowingly rely upon a
372	372	8 subcontractor's false certification. Any public body
373	373	9 engaged in the construction or demolition of public works
374	374	10 on behalf of another public body, any officer, employee,
375	375	11 or agent of a public body engaged in the construction or
376	376	12 demolition of public works on behalf of another public
377	377	13 body, any contractor or subcontractor subject to this Act,
378	378	14 and any officer, employee, or agent of such contractor or
379	379	15 subcontractor whose duty as such officer, employee, or
380	380	16 agent it is to file such certified payroll who willfully
381	381	17 fails to file such a certified payroll on or before the
382	382	18 date such certified payroll is required by this paragraph
383	383	19 to be filed and any person who willfully files a false
384	384	20 certified payroll that is false as to any material fact is
385	385	21 in violation of this Act and guilty of a Class A
386	386	22 misdemeanor. The public body in charge of the project
387	387	23 shall keep the records submitted in accordance with this
388	388	24 paragraph (2) of subsection (a) before January 1, 2014
389	389	25 (the effective date of Public Act 98-328) for a period of
390	390	26 not less than 3 years, and the records submitted in
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401	401	1 accordance with this paragraph (2) of subsection (a) on or
402	402	2 after January 1, 2014 (the effective date of Public Act
403	403	3 98-328) for a period of 5 years, from the date of the last
404	404	4 payment for work on a contract or subcontract for public
405	405	5 works or until the Department of Labor activates the
406	406	6 database created under Section 5.1, whichever is less.
407	407	7 After the activation of the database created under Section
408	408	8 5.1, the Department of Labor rather than the public body
409	409	9 in charge of the project shall keep the records and
410	410	10 maintain the database. The records submitted in accordance
411	411	11 with this paragraph (2) of subsection (a) shall be
412	412	12 considered public records, except an employee's address,
413	413	13 telephone number, social security number, race, ethnicity,
414	414	14 and gender, and made available in accordance with the
415	415	15 Freedom of Information Act. The public body shall accept
416	416	16 any reasonable submissions by the contractor that meet the
417	417	17 requirements of this Section.
418	418	18 A contractor, subcontractor, or public body may retain
419	419	19 records required under this Section in paper or electronic
420	420	20 format.
421	421	21 (b) Upon 7 business days' notice, the public body engaged
422	422	22 in the construction or demolition of public works on behalf of
423	423	23 another public body or the contractor and each subcontractor
424	424	24 shall make available for inspection and copying at a location
425	425	25 within this State during reasonable hours, the records
426	426	26 identified in paragraph (1) of subsection (a) of this Section
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437	437	1 to the public body in charge of the project, its officers and
438	438	2 agents, the Director of Labor and his deputies and agents, and
439	439	3 to federal, State, or local law enforcement agencies and
440	440	4 prosecutors.
441	441	5 (c) A contractor or subcontractor who remits contributions
442	442	6 to fringe benefit funds that are jointly maintained and
443	443	7 jointly governed by one or more employers and one or more labor
444	444	8 organizations in accordance with the federal Labor Management
445	445	9 Relations Act shall make and keep certified payroll records
446	446	10 that include the information required under items (i) through
447	447	11 (viii) of paragraph (1) of subsection (a) only. However, the
448	448	12 information required under items (ix) through (xv) of
449	449	13 paragraph (1) of subsection (a) shall be required for any
450	450	14 contractor or subcontractor who remits contributions to a
451	451	15 fringe benefit fund that is not jointly maintained and jointly
452	452	16 governed by one or more employers and one or more labor
453	453	17 organizations in accordance with the federal Labor Management
454	454	18 Relations Act.
455	455	19 (Source: P.A. 100-1177, eff. 6-1-19; 101-31, eff. 6-28-19.)
456	456	20 (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
457	457	21 Sec. 11. No public works project shall be instituted
458	458	22 unless the provisions of this Act have been complied with. The
459	459	23 provisions of this Act shall not be applicable to Federal
460	460	24 construction projects which require a prevailing wage
461	461	25 determination by the United States Secretary of Labor. The
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472	472	1 Illinois Department of Labor represented by the Attorney
473	473	2 General is empowered to sue for injunctive relief against the
474	474	3 awarding of any contract or the continuation of work under any
475	475	4 contract for public works at a time when the prevailing wage
476	476	5 prerequisites have not been met. Any contract for public works
477	477	6 awarded at a time when the prevailing wage prerequisites had
478	478	7 not been met shall be void as against public policy and the
479	479	8 public body engaged in the construction or demolition of
480	480	9 public works on behalf of another public body or the
481	481	10 contractor is prohibited from recovering any damages for the
482	482	11 voiding of the contract or pursuant to the terms of the
483	483	12 contract. The public body engaged in the construction or
484	484	13 demolition of public works on behalf of another public body or
485	485	14 the contractor is limited to a claim for amounts actually paid
486	486	15 for labor and materials supplied to the public body. Where
487	487	16 objections to a determination of the prevailing rate of wages
488	488	17 or a court action relative thereto is pending, the public body
489	489	18 shall not continue work on the project unless sufficient funds
490	490	19 are available to pay increased wages if such are finally
491	491	20 determined or unless the Department of Labor certifies such
492	492	21 determination of the prevailing rate of wages as correct.
493	493	22 Any employee of a public body that engaged in the
494	494	23 construction or demolition of public works on behalf of
495	495	24 another public body and any laborer, worker or mechanic
496	496	25 employed by the contractor or by any sub-contractor under him
497	497	26 who is paid for his services in a sum less than the stipulated
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508	508	1 rates for work done under such contract, shall have a right of
509	509	2 action for whatever difference there may be between the amount
510	510	3 so paid, and the rates provided by the contract together with
511	511	4 costs and such reasonable attorney's fees as shall be allowed
512	512	5 by the court. Such contractor or subcontractor shall also be
513	513	6 liable to the Department of Labor for 20% of such
514	514	7 underpayments and shall be additionally liable to the laborer,
515	515	8 worker or mechanic for punitive damages in the amount of 2% of
516	516	9 the amount of any such penalty to the State for underpayments
517	517	10 for each month following the date of payment during which such
518	518	11 underpayments remain unpaid. Where a second or subsequent
519	519	12 action to recover underpayments is brought against a public
520	520	13 body that engaged in the construction or demolition of public
521	521	14 works on behalf of another public body or a contractor or
522	522	15 subcontractor and the public body or contractor or
523	523	16 subcontractor is found liable for underpayments to any
524	524	17 employee, laborer, worker, or mechanic, the public body or
525	525	18 contractor or subcontractor shall also be liable to the
526	526	19 Department of Labor for 50% of the underpayments payable as a
527	527	20 result of the second or subsequent action, and shall be
528	528	21 additionally liable for 5% of the amount of any such penalty to
529	529	22 the State for underpayments for each month following the date
530	530	23 of payment during which the underpayments remain unpaid. The
531	531	24 Department shall also have a right of action on behalf of any
532	532	25 individual who has a right of action under this Section. An
533	533	26 action brought to recover same shall be deemed to be a suit for
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544	544	1 wages, and any and all judgments entered therein shall have
545	545	2 the same force and effect as other judgments for wages. The
546	546	3 action shall be brought within 5 years from the date of the
547	547	4 failure to pay the wages or compensation. At the request of any
548	548	5 employee employed by a public body that engaged in the
549	549	6 construction or demolition of public works on behalf of
550	550	7 another public body or any laborer, workman or mechanic
551	551	8 employed by the contractor or by any subcontractor under him
552	552	9 who is paid less than the prevailing wage rate required by this
553	553	10 Act, the Department of Labor may take an assignment of such
554	554	11 wage claim in trust for the assigning laborer, workman or
555	555	12 mechanic and may bring any legal action necessary to collect
556	556	13 such claim, and the public body that engaged in the
557	557	14 construction or demolition of public works on behalf of
558	558	15 another public body or the contractor or subcontractor shall
559	559	16 be required to pay the costs incurred in collecting such
560	560	17 claim.
561	561	18 (Source: P.A. 98-328, eff. 1-1-14.)
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