Illinois 2023-2024 Regular Session

Illinois House Bill HB3491 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0048
2	1		HB3491 EnrolledLRB103 26348 SPS 52709 b HB3491 Enrolled LRB103 26348 SPS 52709 b
3	2		HB3491 Enrolled LRB103 26348 SPS 52709 b
4		-	AN ACT concerning employment.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Prevailing Wage Act is amended by changing
8		-	Sections 4 and 11 as follows:
9		-	(820 ILCS 130/4) (from Ch. 48, par. 39s-4)
10		-	Sec. 4. Ascertaining prevailing wage.
11		-	(a) The prevailing rate of wages paid to individuals
12		-	covered under this Act shall not be less than the rate that
13		-	prevails for work of a similar character on public works in the
14		-	locality in which the work is performed under collective
15		-	bargaining agreements or understandings between employers or
16		-	employer associations and bona fide labor organizations
17		-	relating to each craft or type of worker or mechanic needed to
18		-	execute the contract or perform such work, and collective
19		-	bargaining agreements or understandings successor thereto,
20		-	provided that said employers or members of said employer
21		-	associations employ at least 30% of the laborers, workers, or
22		-	mechanics in the same trade or occupation in the locality
23		-	where the work is being performed.
24		-	(b) If the prevailing rates of wages and fringe benefits
25		-	cannot reasonably and fairly be applied in any locality
26		-	because no such agreements or understandings exist, the
	3	+	1 AN ACT concerning employment.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Prevailing Wage Act is amended by changing
	7	+	5 Sections 4 and 11 as follows:
	8	+	6 (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
	9	+	7 Sec. 4. Ascertaining prevailing wage.
	10	+	8 (a) The prevailing rate of wages paid to individuals
	11	+	9 covered under this Act shall not be less than the rate that
	12	+	10 prevails for work of a similar character on public works in the
	13	+	11 locality in which the work is performed under collective
	14	+	12 bargaining agreements or understandings between employers or
	15	+	13 employer associations and bona fide labor organizations
	16	+	14 relating to each craft or type of worker or mechanic needed to
	17	+	15 execute the contract or perform such work, and collective
	18	+	16 bargaining agreements or understandings successor thereto,
	19	+	17 provided that said employers or members of said employer
	20	+	18 associations employ at least 30% of the laborers, workers, or
	21	+	19 mechanics in the same trade or occupation in the locality
	22	+	20 where the work is being performed.
	23	+	21 (b) If the prevailing rates of wages and fringe benefits
	24	+	22 cannot reasonably and fairly be applied in any locality
	25	+	23 because no such agreements or understandings exist, the
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33		-	Department of Labor shall determine the rates and fringe
34		-	benefits for the same or most similar work in the nearest and
35		-	most similar neighboring locality in which such agreements or
36		-	understandings exist. The Department of Labor shall keep a
37		-	record of its findings available for inspection by any
38		-	interested party in the office of the Department of Labor.
39		-	(c) In the event it is determined, after a written
40		-	objection is filed and hearing is held in accordance with
41		-	Section 9 of this Act, that less than 30% of the laborers,
42		-	workers, or mechanics in a particular trade or occupation in
43		-	the locality where the work is performed receive a
44		-	collectively bargained rate of wage, then the average wage
45		-	paid to such laborers, workers, or mechanics in the same trade
46		-	or occupation in the locality for the 12-month period
47		-	preceding the Department of Labor's annual determination shall
48		-	be the prevailing rate of wage.
49		-	(d) The public body awarding any contract for public work
50		-	or otherwise undertaking any public works shall specify in the
51		-	call for bids for the contract, or where the public body
52		-	performs the work without letting the contract in a written
53		-	instrument provided to the contractor, that the general
54		-	prevailing rate of wages in the locality for each craft or type
55		-	of worker or mechanic needed to execute the contract or
56		-	perform such work, also the general prevailing rate for legal
57		-	holiday and overtime work, as ascertained by the Department of
58		-	Labor shall be paid for each craft or type of worker needed to
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	34	+	1 Department of Labor shall determine the rates and fringe
	35	+	2 benefits for the same or most similar work in the nearest and
	36	+	3 most similar neighboring locality in which such agreements or
	37	+	4 understandings exist. The Department of Labor shall keep a
	38	+	5 record of its findings available for inspection by any
	39	+	6 interested party in the office of the Department of Labor.
	40	+	7 (c) In the event it is determined, after a written
	41	+	8 objection is filed and hearing is held in accordance with
	42	+	9 Section 9 of this Act, that less than 30% of the laborers,
	43	+	10 workers, or mechanics in a particular trade or occupation in
	44	+	11 the locality where the work is performed receive a
	45	+	12 collectively bargained rate of wage, then the average wage
	46	+	13 paid to such laborers, workers, or mechanics in the same trade
	47	+	14 or occupation in the locality for the 12-month period
	48	+	15 preceding the Department of Labor's annual determination shall
	49	+	16 be the prevailing rate of wage.
	50	+	17 (d) The public body awarding any contract for public work
	51	+	18 or otherwise undertaking any public works shall specify in the
	52	+	19 call for bids for the contract, or where the public body
	53	+	20 performs the work without letting the contract in a written
	54	+	21 instrument provided to the contractor, that the general
	55	+	22 prevailing rate of wages in the locality for each craft or type
	56	+	23 of worker or mechanic needed to execute the contract or
	57	+	24 perform such work, also the general prevailing rate for legal
	58	+	25 holiday and overtime work, as ascertained by the Department of
	59	+	26 Labor shall be paid for each craft or type of worker needed to
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61		-	execute the contract or to perform such work, and it shall be
62		-	mandatory upon the contractor to whom the contract is awarded
63		-	and upon any subcontractor under him, and where the public
64		-	body performs the work, upon the public body, to pay not less
65		-	than the specified rates to all laborers, workers and
66		-	mechanics employed by them in the execution of the contract or
67		-	such work. Compliance with this Act is a matter of statewide
68		-	concern, and a public body may not opt out of any provisions
69		-	herein.
70		-	(e) The public body or other entity awarding the contract
71		-	shall cause to be inserted in the project specifications and
72		-	the contract a stipulation to the effect that not less than the
73		-	prevailing rate of wages as found by the Department of Labor or
74		-	determined by the court on review shall be paid to all
75		-	laborers, workers and mechanics performing work under the
76		-	contract.
77		-	(f) When a public body or other entity covered by this Act
78		-	has awarded work to a contractor without a public bid,
79		-	contract or project specification, such public body or other
80		-	entity shall comply with subsection (e) by providing the
81		-	contractor with written notice on the purchase order related
82		-	to the work to be done or on a separate document indicating
83		-	that not less than the prevailing rate of wages ascertained by
84		-	the Department of Labor or determined by the court on review
85		-	shall be paid to all laborers, workers, and mechanics
86		-	performing work on the project.
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89		-	(g) Where a complaint is made and the Department of Labor
90		-	determines that a violation occurred, the Department of Labor
91		-	shall determine if proper written notice under this Section 4
92		-	was given. If proper written notice was not provided to the
93		-	contractor by the public body or other entity, the Department
94		-	of Labor shall order the public body or other entity to pay any
95		-	interest, penalties or fines that would have been owed by the
96		-	contractor if proper written notice were provided. The failure
97		-	by a public body or other entity to provide written notice does
98		-	not relieve the contractor of the duty to comply with the
99		-	prevailing wage rate, nor of the obligation to pay any back
100		-	wages, as determined under this Act. For the purposes of this
101		-	subsection, back wages shall be limited to the difference
102		-	between the actual amount paid and the prevailing rate of
103		-	wages required to be paid for the project. The failure of a
104		-	public body or other entity to provide written notice under
105		-	this Section 4 does not diminish the right of a laborer,
106		-	worker, or mechanic to the prevailing rate of wages as
107		-	determined under this Act.
108		-	Any laborer, worker, or mechanic who is employed by the
109		-	contractor or by any sub-contractor and is paid for services
110		-	in a sum less than the prevailing wage rates for work performed
111		-	on a project shall have a right of action for whatever
112		-	difference there may be between (i) the amount so paid and (ii)
113		-	the prevailing rates required to be paid for work performed on
114		-	the project.
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117		-	(h) It shall also be mandatory upon the contractor to whom
118		-	the contract is awarded to insert into each subcontract and
119		-	into the project specifications for each subcontract a written
120		-	stipulation to the effect that not less than the prevailing
121		-	rate of wages shall be paid to all laborers, workers, and
122		-	mechanics performing work under the contract. It shall also be
123		-	mandatory upon each subcontractor to cause to be inserted into
124		-	each lower tiered subcontract and into the project
125		-	specifications for each lower tiered subcontract a stipulation
126		-	to the effect that not less than the prevailing rate of wages
127		-	shall be paid to all laborers, workers, and mechanics
128		-	performing work under the contract. A contractor or
129		-	subcontractor who fails to comply with this subsection is in
130		-	violation of this Act.
131		-	(i) When a contractor has awarded work to a subcontractor
132		-	without a contract or contract specification, the contractor
133		-	shall comply with subsection (h) by providing a subcontractor
134		-	with a written statement indicating that not less than the
135		-	prevailing rate of wages shall be paid to all laborers,
136		-	workers, and mechanics performing work on the project. A
137		-	contractor or subcontractor who fails to comply with this
138		-	subsection is in violation of this Act.
139		-	(j) Where a complaint is made and the Department of Labor
140		-	determines that a violation has occurred, the Department of
141		-	Labor shall determine if proper written notice under this
142		-	Section 4 was given. If proper written notice was not provided
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	70	+	1 execute the contract or to perform such work, and it shall be
	71	+	2 mandatory upon the contractor to whom the contract is awarded
	72	+	3 and upon any subcontractor under him, and where the public
	73	+	4 body performs the work, upon the public body, to pay not less
	74	+	5 than the specified rates to all laborers, workers and
	75	+	6 mechanics employed by them in the execution of the contract or
	76	+	7 such work. Compliance with this Act is a matter of statewide
	77	+	8 concern, and a public body may not opt out of any provisions
	78	+	9 herein.
	79	+	10 (e) The public body or other entity awarding the contract
	80	+	11 shall cause to be inserted in the project specifications and
	81	+	12 the contract a stipulation to the effect that not less than the
	82	+	13 prevailing rate of wages as found by the Department of Labor or
	83	+	14 determined by the court on review shall be paid to all
	84	+	15 laborers, workers and mechanics performing work under the
	85	+	16 contract.
	86	+	17 (f) When a public body or other entity covered by this Act
	87	+	18 has awarded work to a contractor without a public bid,
	88	+	19 contract or project specification, such public body or other
	89	+	20 entity shall comply with subsection (e) by providing the
	90	+	21 contractor with written notice on the purchase order related
	91	+	22 to the work to be done or on a separate document indicating
	92	+	23 that not less than the prevailing rate of wages ascertained by
	93	+	24 the Department of Labor or determined by the court on review
	94	+	25 shall be paid to all laborers, workers, and mechanics
	95	+	26 performing work on the project.
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145		-	to the subcontractor by the contractor, the Department of
146		-	Labor shall order the contractor to pay any interest,
147		-	penalties, or fines that would have been owed by the
148		-	subcontractor if proper written notice were provided. The
149		-	failure by a contractor to provide written notice to a
150		-	subcontractor does not relieve the subcontractor of the duty
151		-	to comply with the prevailing wage rate, nor of the obligation
152		-	to pay any back wages, as determined under this Act. For the
153		-	purposes of this subsection, back wages shall be limited to
154		-	the difference between the actual amount paid and the
155		-	prevailing rate of wages required for the project. However, if
156		-	proper written notice was not provided to the contractor by
157		-	the public body or other entity under this Section 4, the
158		-	Department of Labor shall order the public body or other
159		-	entity to pay any interest, penalties, or fines that would
160		-	have been owed by the subcontractor if proper written notice
161		-	were provided. The failure by a public body or other entity to
162		-	provide written notice does not relieve the subcontractor of
163		-	the duty to comply with the prevailing wage rate, nor of the
164		-	obligation to pay any back wages, as determined under this
165		-	Act. For the purposes of this subsection, back wages shall be
166		-	limited to the difference between the actual amount paid and
167		-	the prevailing rate of wages required for the project. The
168		-	failure to provide written notice by a public body, other
169		-	entity, or contractor does not diminish the right of a
170		-	laborer, worker, or mechanic to the prevailing rate of wages
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173		-	as determined under this Act.
174		-	(k) A public body or other entity shall also require in all
175		-	contractor's and subcontractor's bonds that the contractor or
176		-	subcontractor include such provision as will guarantee the
177		-	faithful performance of such prevailing wage clause as
178		-	provided by contract or other written instrument. All bid
179		-	specifications shall list the specified rates to all laborers,
180		-	workers and mechanics in the locality for each craft or type of
181		-	worker or mechanic needed to execute the contract.
182		-	(l) If the Department of Labor revises the prevailing rate
183		-	of hourly wages to be paid by the public body or other entity,
184		-	the revised rate shall apply to such contract, and the public
185		-	body or other entity shall be responsible to notify the
186		-	contractor and each subcontractor, of the revised rate.
187		-	The public body or other entity shall discharge its duty
188		-	to notify of the revised rates by inserting a written
189		-	stipulation in all contracts or other written instruments that
190		-	states the prevailing rate of wages are revised by the
191		-	Department of Labor and are available on the Department's
192		-	official website. This shall be deemed to be proper
193		-	notification of any rate changes under this subsection.
194		-	(m) Two or more investigatory hearings under this Section
195		-	on the issue of establishing a new prevailing wage
196		-	classification for a particular craft or type of worker shall
197		-	be consolidated in a single hearing before the Department. The
198		-	party requesting a consolidated investigatory hearing shall
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201		-	have the burden of establishing that there is no existing
202		-	prevailing wage classification for the particular craft or
203		-	type of worker in any of the localities under consideration.
204		-	(n) It shall be mandatory upon the contractor or
205		-	construction manager to whom a contract for public works is
206		-	awarded to post, at a location on the project site of the
207		-	public works that is easily accessible to the workers engaged
208		-	on the project, the prevailing wage rates for each craft or
209		-	type of worker or mechanic needed to execute the contract or
210		-	project or work to be performed. In lieu of posting on the
211		-	project site of the public works, a contractor which has a
212		-	business location where laborers, workers, and mechanics
213		-	regularly visit may: (1) post in a conspicuous location at
214		-	that business the current prevailing wage rates for each
215		-	county in which the contractor is performing work; or (2)
216		-	provide such laborer, worker, or mechanic engaged on the
217		-	public works project a written notice indicating the
218		-	prevailing wage rates for the public works project. A failure
219		-	to post or provide a prevailing wage rate as required by this
220		-	Section is a violation of this Act.
221		-	(Source: P.A. 100-1177, eff. 6-1-19.)
222		-	(820 ILCS 130/11) (from Ch. 48, par. 39s-11)
223		-	Sec. 11. No public works project shall be instituted
224		-	unless the provisions of this Act have been complied with. The
225		-	provisions of this Act shall not be applicable to Federal
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	106	+	1 (g) Where a complaint is made and the Department of Labor
	107	+	2 determines that a violation occurred, the Department of Labor
	108	+	3 shall determine if proper written notice under this Section 4
	109	+	4 was given. If proper written notice was not provided to the
	110	+	5 contractor by the public body or other entity, the Department
	111	+	6 of Labor shall order the public body or other entity to pay any
	112	+	7 interest, penalties or fines that would have been owed by the
	113	+	8 contractor if proper written notice were provided. The failure
	114	+	9 by a public body or other entity to provide written notice does
	115	+	10 not relieve the contractor of the duty to comply with the
	116	+	11 prevailing wage rate, nor of the obligation to pay any back
	117	+	12 wages, as determined under this Act. For the purposes of this
	118	+	13 subsection, back wages shall be limited to the difference
	119	+	14 between the actual amount paid and the prevailing rate of
	120	+	15 wages required to be paid for the project. The failure of a
	121	+	16 public body or other entity to provide written notice under
	122	+	17 this Section 4 does not diminish the right of a laborer,
	123	+	18 worker, or mechanic to the prevailing rate of wages as
	124	+	19 determined under this Act.
	125	+	20 Any laborer, worker, or mechanic who is employed by the
	126	+	21 contractor or by any sub-contractor and is paid for services
	127	+	22 in a sum less than the prevailing wage rates for work performed
	128	+	23 on a project shall have a right of action for whatever
	129	+	24 difference there may be between (i) the amount so paid and (ii)
	130	+	25 the prevailing rates required to be paid for work performed on
	131	+	26 the project.
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228		-	construction projects which require a prevailing wage
229		-	determination by the United States Secretary of Labor. The
230		-	Illinois Department of Labor represented by the Attorney
231		-	General is empowered to sue for injunctive relief against the
232		-	awarding of any contract or the continuation of work under any
233		-	contract for public works at a time when the prevailing wage
234		-	prerequisites have not been met. Any contract for public works
235		-	awarded at a time when the prevailing wage prerequisites had
236		-	not been met shall be void as against public policy and the
237		-	contractor is prohibited from recovering any damages for the
238		-	voiding of the contract or pursuant to the terms of the
239		-	contract. The contractor is limited to a claim for amounts
240		-	actually paid for labor and materials supplied to the public
241		-	body. Where objections to a determination of the prevailing
242		-	rate of wages or a court action relative thereto is pending,
243		-	the public body shall not continue work on the project unless
244		-	sufficient funds are available to pay increased wages if such
245		-	are finally determined or unless the Department of Labor
246		-	certifies such determination of the prevailing rate of wages
247		-	as correct.
248		-	Any laborer, worker or mechanic employed by the contractor
249		-	or by any sub-contractor under him who is paid for his services
250		-	in a sum less than the prevailing stipulated rates for work
251		-	done under such contract, shall have a right of action for
252		-	whatever difference there may be between the amount so paid,
253		-	and the rates provided by the contract together with costs and
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256		-	such reasonable attorney's fees as shall be allowed by the
257		-	court. Such contractor or subcontractor shall also be liable
258		-	to the Department of Labor for 20% of such underpayments and
259		-	shall be additionally liable to the laborer, worker or
260		-	mechanic for punitive damages in the amount of 2% of the amount
261		-	of any such penalty to the State for underpayments for each
262		-	month following the date of payment during which such
263		-	underpayments remain unpaid. Where a second or subsequent
264		-	action to recover underpayments is brought against a
265		-	contractor or subcontractor and the contractor or
266		-	subcontractor is found liable for underpayments to any
267		-	laborer, worker, or mechanic, the contractor or subcontractor
268		-	shall also be liable to the Department of Labor for 50% of the
269		-	underpayments payable as a result of the second or subsequent
270		-	action, and shall be additionally liable for 5% of the amount
271		-	of any such penalty to the State for underpayments for each
272		-	month following the date of payment during which the
273		-	underpayments remain unpaid. The Department shall also have a
274		-	right of action on behalf of any individual who has a right of
275		-	action under this Section. An action brought to recover same
276		-	shall be deemed to be a suit for wages, and any and all
277		-	judgments entered therein shall have the same force and effect
278		-	as other judgments for wages. The action shall be brought
279		-	within 5 years from the date of the failure to pay the wages or
280		-	compensation. At the request of any laborer, workman or
281		-	mechanic employed by the contractor or by any subcontractor
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284		-	under him who is paid less than the prevailing wage rate
285		-	required by this Act, the Department of Labor may take an
286		-	assignment of such wage claim in trust for the assigning
287		-	laborer, workman or mechanic and may bring any legal action
288		-	necessary to collect such claim, and the contractor or
289		-	subcontractor shall be required to pay the costs incurred in
290		-	collecting such claim.
291		-	(Source: P.A. 98-328, eff. 1-1-14.)
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	142	+	1 (h) It shall also be mandatory upon the contractor to whom
	143	+	2 the contract is awarded to insert into each subcontract and
	144	+	3 into the project specifications for each subcontract a written
	145	+	4 stipulation to the effect that not less than the prevailing
	146	+	5 rate of wages shall be paid to all laborers, workers, and
	147	+	6 mechanics performing work under the contract. It shall also be
	148	+	7 mandatory upon each subcontractor to cause to be inserted into
	149	+	8 each lower tiered subcontract and into the project
	150	+	9 specifications for each lower tiered subcontract a stipulation
	151	+	10 to the effect that not less than the prevailing rate of wages
	152	+	11 shall be paid to all laborers, workers, and mechanics
	153	+	12 performing work under the contract. A contractor or
	154	+	13 subcontractor who fails to comply with this subsection is in
	155	+	14 violation of this Act.
	156	+	15 (i) When a contractor has awarded work to a subcontractor
	157	+	16 without a contract or contract specification, the contractor
	158	+	17 shall comply with subsection (h) by providing a subcontractor
	159	+	18 with a written statement indicating that not less than the
	160	+	19 prevailing rate of wages shall be paid to all laborers,
	161	+	20 workers, and mechanics performing work on the project. A
	162	+	21 contractor or subcontractor who fails to comply with this
	163	+	22 subsection is in violation of this Act.
	164	+	23 (j) Where a complaint is made and the Department of Labor
	165	+	24 determines that a violation has occurred, the Department of
	166	+	25 Labor shall determine if proper written notice under this
	167	+	26 Section 4 was given. If proper written notice was not provided
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	178	+	1 to the subcontractor by the contractor, the Department of
	179	+	2 Labor shall order the contractor to pay any interest,
	180	+	3 penalties, or fines that would have been owed by the
	181	+	4 subcontractor if proper written notice were provided. The
	182	+	5 failure by a contractor to provide written notice to a
	183	+	6 subcontractor does not relieve the subcontractor of the duty
	184	+	7 to comply with the prevailing wage rate, nor of the obligation
	185	+	8 to pay any back wages, as determined under this Act. For the
	186	+	9 purposes of this subsection, back wages shall be limited to
	187	+	10 the difference between the actual amount paid and the
	188	+	11 prevailing rate of wages required for the project. However, if
	189	+	12 proper written notice was not provided to the contractor by
	190	+	13 the public body or other entity under this Section 4, the
	191	+	14 Department of Labor shall order the public body or other
	192	+	15 entity to pay any interest, penalties, or fines that would
	193	+	16 have been owed by the subcontractor if proper written notice
	194	+	17 were provided. The failure by a public body or other entity to
	195	+	18 provide written notice does not relieve the subcontractor of
	196	+	19 the duty to comply with the prevailing wage rate, nor of the
	197	+	20 obligation to pay any back wages, as determined under this
	198	+	21 Act. For the purposes of this subsection, back wages shall be
	199	+	22 limited to the difference between the actual amount paid and
	200	+	23 the prevailing rate of wages required for the project. The
	201	+	24 failure to provide written notice by a public body, other
	202	+	25 entity, or contractor does not diminish the right of a
	203	+	26 laborer, worker, or mechanic to the prevailing rate of wages
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	214	+	1 as determined under this Act.
	215	+	2 (k) A public body or other entity shall also require in all
	216	+	3 contractor's and subcontractor's bonds that the contractor or
	217	+	4 subcontractor include such provision as will guarantee the
	218	+	5 faithful performance of such prevailing wage clause as
	219	+	6 provided by contract or other written instrument. All bid
	220	+	7 specifications shall list the specified rates to all laborers,
	221	+	8 workers and mechanics in the locality for each craft or type of
	222	+	9 worker or mechanic needed to execute the contract.
	223	+	10 (l) If the Department of Labor revises the prevailing rate
	224	+	11 of hourly wages to be paid by the public body or other entity,
	225	+	12 the revised rate shall apply to such contract, and the public
	226	+	13 body or other entity shall be responsible to notify the
	227	+	14 contractor and each subcontractor, of the revised rate.
	228	+	15 The public body or other entity shall discharge its duty
	229	+	16 to notify of the revised rates by inserting a written
	230	+	17 stipulation in all contracts or other written instruments that
	231	+	18 states the prevailing rate of wages are revised by the
	232	+	19 Department of Labor and are available on the Department's
	233	+	20 official website. This shall be deemed to be proper
	234	+	21 notification of any rate changes under this subsection.
	235	+	22 (m) Two or more investigatory hearings under this Section
	236	+	23 on the issue of establishing a new prevailing wage
	237	+	24 classification for a particular craft or type of worker shall
	238	+	25 be consolidated in a single hearing before the Department. The
	239	+	26 party requesting a consolidated investigatory hearing shall
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	250	+	1 have the burden of establishing that there is no existing
	251	+	2 prevailing wage classification for the particular craft or
	252	+	3 type of worker in any of the localities under consideration.
	253	+	4 (n) It shall be mandatory upon the contractor or
	254	+	5 construction manager to whom a contract for public works is
	255	+	6 awarded to post, at a location on the project site of the
	256	+	7 public works that is easily accessible to the workers engaged
	257	+	8 on the project, the prevailing wage rates for each craft or
	258	+	9 type of worker or mechanic needed to execute the contract or
	259	+	10 project or work to be performed. In lieu of posting on the
	260	+	11 project site of the public works, a contractor which has a
	261	+	12 business location where laborers, workers, and mechanics
	262	+	13 regularly visit may: (1) post in a conspicuous location at
	263	+	14 that business the current prevailing wage rates for each
	264	+	15 county in which the contractor is performing work; or (2)
	265	+	16 provide such laborer, worker, or mechanic engaged on the
	266	+	17 public works project a written notice indicating the
	267	+	18 prevailing wage rates for the public works project. A failure
	268	+	19 to post or provide a prevailing wage rate as required by this
	269	+	20 Section is a violation of this Act.
	270	+	21 (Source: P.A. 100-1177, eff. 6-1-19.)
	271	+	22 (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
	272	+	23 Sec. 11. No public works project shall be instituted
	273	+	24 unless the provisions of this Act have been complied with. The
	274	+	25 provisions of this Act shall not be applicable to Federal
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	285	+	1 construction projects which require a prevailing wage
	286	+	2 determination by the United States Secretary of Labor. The
	287	+	3 Illinois Department of Labor represented by the Attorney
	288	+	4 General is empowered to sue for injunctive relief against the
	289	+	5 awarding of any contract or the continuation of work under any
	290	+	6 contract for public works at a time when the prevailing wage
	291	+	7 prerequisites have not been met. Any contract for public works
	292	+	8 awarded at a time when the prevailing wage prerequisites had
	293	+	9 not been met shall be void as against public policy and the
	294	+	10 contractor is prohibited from recovering any damages for the
	295	+	11 voiding of the contract or pursuant to the terms of the
	296	+	12 contract. The contractor is limited to a claim for amounts
	297	+	13 actually paid for labor and materials supplied to the public
	298	+	14 body. Where objections to a determination of the prevailing
	299	+	15 rate of wages or a court action relative thereto is pending,
	300	+	16 the public body shall not continue work on the project unless
	301	+	17 sufficient funds are available to pay increased wages if such
	302	+	18 are finally determined or unless the Department of Labor
	303	+	19 certifies such determination of the prevailing rate of wages
	304	+	20 as correct.
	305	+	21 Any laborer, worker or mechanic employed by the contractor
	306	+	22 or by any sub-contractor under him who is paid for his services
	307	+	23 in a sum less than the prevailing stipulated rates for work
	308	+	24 done under such contract, shall have a right of action for
	309	+	25 whatever difference there may be between the amount so paid,
	310	+	26 and the rates provided by the contract together with costs and
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	321	+	1 such reasonable attorney's fees as shall be allowed by the
	322	+	2 court. Such contractor or subcontractor shall also be liable
	323	+	3 to the Department of Labor for 20% of such underpayments and
	324	+	4 shall be additionally liable to the laborer, worker or
	325	+	5 mechanic for punitive damages in the amount of 2% of the amount
	326	+	6 of any such penalty to the State for underpayments for each
	327	+	7 month following the date of payment during which such
	328	+	8 underpayments remain unpaid. Where a second or subsequent
	329	+	9 action to recover underpayments is brought against a
	330	+	10 contractor or subcontractor and the contractor or
	331	+	11 subcontractor is found liable for underpayments to any
	332	+	12 laborer, worker, or mechanic, the contractor or subcontractor
	333	+	13 shall also be liable to the Department of Labor for 50% of the
	334	+	14 underpayments payable as a result of the second or subsequent
	335	+	15 action, and shall be additionally liable for 5% of the amount
	336	+	16 of any such penalty to the State for underpayments for each
	337	+	17 month following the date of payment during which the
	338	+	18 underpayments remain unpaid. The Department shall also have a
	339	+	19 right of action on behalf of any individual who has a right of
	340	+	20 action under this Section. An action brought to recover same
	341	+	21 shall be deemed to be a suit for wages, and any and all
	342	+	22 judgments entered therein shall have the same force and effect
	343	+	23 as other judgments for wages. The action shall be brought
	344	+	24 within 5 years from the date of the failure to pay the wages or
	345	+	25 compensation. At the request of any laborer, workman or
	346	+	26 mechanic employed by the contractor or by any subcontractor
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	357	+	1 under him who is paid less than the prevailing wage rate
	358	+	2 required by this Act, the Department of Labor may take an
	359	+	3 assignment of such wage claim in trust for the assigning
	360	+	4 laborer, workman or mechanic and may bring any legal action
	361	+	5 necessary to collect such claim, and the contractor or
	362	+	6 subcontractor shall be required to pay the costs incurred in
	363	+	7 collecting such claim.
	364	+	8 (Source: P.A. 98-328, eff. 1-1-14.)
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