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HB5133 |
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LRB093 20826 DRJ 46751 b |
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| such contract, shall
have a right of action for whatever |
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| difference there may be between the
amount so paid, and the |
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| rates provided by the contract together with
costs and such |
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| reasonable attorney's fees as
shall be allowed by the court.
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| Such contractor or subcontractor shall also
be liable to the
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| Department of Labor for 20% of
such underpayments and shall be |
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| additionally liable to the laborer, worker
or mechanic for |
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| punitive damages in the amount of 2% of the amount of any
such |
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| penalty to the
State for underpayments for each month following |
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| the date of payment during
which such underpayments
remain |
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| unpaid. A joint labor-management committee established |
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| pursuant to the federal Labor
Management Cooperation Act of |
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| 1978 (Section 175a of Title 29 of the United States Code) may |
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| bring an action in any court of competent jurisdiction
against |
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| an employer that fails to pay the prevailing wage to its |
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| employees, as required by this Act. This action must be |
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| commenced not later 3 years after the date that the public |
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| works project was completed. The Department shall also have a |
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| right of action on behalf
of any individual or labor-management |
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| committee who has a right of action under this Section. An |
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| action brought
to recover same shall be deemed to be a suit for |
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| wages, and any and all
judgments entered therein shall have the |
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| same force and effect as other
judgments for wages.
At the |
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| request of any laborer, workman or mechanic
employed by the |
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| contractor or by any subcontractor under him who is paid
less |
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| than the prevailing wage rate required by this Act, the |
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| Department
of Labor may take an assignment of such wage claim |
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| in trust for the assigning
laborer, workman or mechanic and may |
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| bring any legal action necessary to
collect such claim, and the |
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| contractor or subcontractor shall be required
to pay the costs |
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| incurred in collecting such claim.
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| (Source: P.A. 86-799.)
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