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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Prevailing Wage Act is amended by changing | ||||||
5 | Sections 2, 3, 4, 6, 9, 11, and 11b as follows:
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6 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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7 | Sec. 2. This Act applies to the wages of laborers, | ||||||
8 | mechanics and
other workers employed in any public works, as | ||||||
9 | hereinafter defined, by
any public body and to anyone under | ||||||
10 | contracts for public works.
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11 | As used in this Act, unless the context indicates | ||||||
12 | otherwise:
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13 | "Public works" means all fixed works constructed by
any | ||||||
14 | public body, other than work done directly by any public | ||||||
15 | utility
company, whether or not done under public supervision | ||||||
16 | or direction,
or paid for wholly or in part out of public | ||||||
17 | funds. "Public works" as
defined herein includes all projects | ||||||
18 | financed in whole
or in part with bonds issued under the | ||||||
19 | Industrial Project Revenue Bond
Act (Article 11, Division 74 of | ||||||
20 | the Illinois Municipal Code), the Economic Development Area Tax | ||||||
21 | Increment Allocation Act, the Industrial
Building Revenue Bond | ||||||
22 | Act, the Illinois Finance Authority Act,
the Illinois Sports | ||||||
23 | Facilities Authority Act, or the Build Illinois Bond Act,
and |
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1 | all projects financed in whole or in part with loans or other | ||||||
2 | funds made
available pursuant to the Build Illinois Act. | ||||||
3 | "Public works" also includes
all projects financed in whole or | ||||||
4 | in part with funds from the Fund for
Illinois' Future under | ||||||
5 | Section 6z-47 of the State Finance Act, funds for school
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6 | construction under Section 5 of the General Obligation Bond | ||||||
7 | Act, funds
authorized under Section 3 of the School | ||||||
8 | Construction Bond Act, funds for
school infrastructure under | ||||||
9 | Section 6z-45 of the State Finance Act, and funds
for | ||||||
10 | transportation purposes under Section 4 of the General | ||||||
11 | Obligation Bond
Act. "Public works" also includes all projects | ||||||
12 | financed in whole or in part
with funds from the Department of | ||||||
13 | Commerce and Economic Opportunity under the Illinois Renewable | ||||||
14 | Fuels Development Program
Act for which there is no project | ||||||
15 | labor agreement. "Public works" also includes all projects at | ||||||
16 | leased facility property used for airport purposes under | ||||||
17 | Section 35 of the Local Government Facility Lease Act and all | ||||||
18 | projects financed in whole or in part with loans or other funds | ||||||
19 | made available pursuant to the Illinois Enterprise Zone Act .
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20 | "Construction" means all work on public works involving | ||||||
21 | laborers,
workers or mechanics.
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22 | "Locality" means the county where the physical work upon | ||||||
23 | public works
is performed, except (1) that if there is not | ||||||
24 | available in the county a
sufficient number of competent | ||||||
25 | skilled laborers, workers and mechanics
to construct the public | ||||||
26 | works efficiently and properly, "locality"
includes any other |
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1 | county nearest the one in which the work or
construction is to | ||||||
2 | be performed and from which such persons may be
obtained in | ||||||
3 | sufficient numbers to perform the work and (2) that, with
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4 | respect to contracts for highway work with the Department of
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5 | Transportation of this State, "locality" may at the discretion | ||||||
6 | of the
Secretary of the Department of Transportation be | ||||||
7 | construed to include
two or more adjacent counties from which | ||||||
8 | workers may be accessible for
work on such construction.
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9 | "Public body" means the State or any officer, board or | ||||||
10 | commission of
the State or any political subdivision or | ||||||
11 | department thereof, or any
institution supported in whole or in | ||||||
12 | part by public funds,
and includes every county, city, town,
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13 | village, township, school district, irrigation, utility, | ||||||
14 | reclamation
improvement or other district and every other | ||||||
15 | political subdivision,
district or municipality of the state | ||||||
16 | whether such political
subdivision, municipality or district | ||||||
17 | operates under a special charter
or not.
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18 | The terms "general prevailing rate of hourly wages", | ||||||
19 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
20 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
21 | fringe benefits for training and
apprenticeship programs | ||||||
22 | approved by the U.S. Department of Labor, Bureau of
| ||||||
23 | Apprenticeship and Training, health and welfare, insurance, | ||||||
24 | vacations and
pensions paid generally, in the
locality in which | ||||||
25 | the work is being performed, to employees engaged in
work of a | ||||||
26 | similar character on public works.
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1 | "Contractor" or "subcontractor" means any person or entity | ||||||
2 | who undertakes to, offers to undertake to, purports to have the | ||||||
3 | capacity to undertake to, submits a bid to, or does himself or | ||||||
4 | herself or by or through others, engage in a public works.
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5 | (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04; 93-205, | ||||||
6 | eff. 1-1-04; 94-750, eff. 5-9-06.)
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7 | (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
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8 | Sec. 3. Not less than the general prevailing rate of hourly | ||||||
9 | wages for
work of a similar character on public works in the | ||||||
10 | locality in which the
work is performed, and not less than the | ||||||
11 | general prevailing rate of
hourly wages for legal holiday and | ||||||
12 | overtime work, shall be paid to all
laborers, workers and | ||||||
13 | mechanics employed by or on behalf of any public
body engaged | ||||||
14 | in the construction of public works.
Laborers
Only such | ||||||
15 | laborers , workers and mechanics as are
directly employed by | ||||||
16 | contractors or subcontractors in actual
construction work on | ||||||
17 | the site of the building or construction job shall be deemed to | ||||||
18 | be employed upon public works. Laborers , and
laborers, workers | ||||||
19 | and mechanics engaged in the transportation of
materials and | ||||||
20 | equipment to or from the site, but not including the
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21 | transportation by the sellers and suppliers or the manufacture | ||||||
22 | or
processing of materials or equipment, in the execution of | ||||||
23 | any contract
or contracts for public works with any public body | ||||||
24 | shall also be deemed to be
employed upon public works. The wage | ||||||
25 | for a tradesman performing maintenance
is equivalent to that of |
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1 | a tradesman engaged in construction. All contractors and | ||||||
2 | subcontractors required to pay the prevailing wage under this | ||||||
3 | Act shall make payment of such wages in legal tender, without | ||||||
4 | any deduction for food, sleeping accommodations, | ||||||
5 | transportation, use of tools, or any other thing of any kind or | ||||||
6 | description.
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7 | (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04.)
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8 | (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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9 | Sec. 4. (a) The public body awarding any contract for | ||||||
10 | public works
work or
otherwise undertaking any public works, | ||||||
11 | shall ascertain the general
prevailing rate of hourly wages in | ||||||
12 | the locality in which the work is to
be performed, for each | ||||||
13 | craft or type of worker or mechanic needed to
execute the | ||||||
14 | contract, and where the public body performs the work
without | ||||||
15 | letting a contract therefor, shall ascertain the prevailing | ||||||
16 | rate
of wages on a per hour basis in the locality . Such
, and | ||||||
17 | such public body shall
specify in the resolution or ordinance | ||||||
18 | and in the call for bids for the
contract, that the general | ||||||
19 | prevailing rate of wages in the locality for
each craft or type | ||||||
20 | of worker or mechanic needed to execute the contract
or perform | ||||||
21 | such work, also the general prevailing rate for legal holiday
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22 | and overtime work, as ascertained by the public body or by the
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23 | Department of Labor shall be paid for each craft or type of | ||||||
24 | worker
needed to execute the contract or to perform such work .
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25 | , and it |
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1 | (b) It shall be
mandatory upon the contractor to whom the | ||||||
2 | contract is awarded and upon
any subcontractor under him, and | ||||||
3 | where the public body performs the
work, upon the public body, | ||||||
4 | to pay not less than the specified rates to
all laborers, | ||||||
5 | workers and mechanics employed by them in the execution of
the | ||||||
6 | contract or such work; provided, however, that if the public | ||||||
7 | body
desires that the Department of Labor ascertain the | ||||||
8 | prevailing rate of
wages, it shall notify the Department of | ||||||
9 | Labor to ascertain the general
prevailing rate of hourly wages | ||||||
10 | for work under contract, or for work
performed by a public body | ||||||
11 | without letting a contract as required in the
locality in which | ||||||
12 | the work is to be performed, for each craft or type of
worker | ||||||
13 | or mechanic needed to execute the contract or project or work | ||||||
14 | to
be performed. Upon such notification the Department of Labor | ||||||
15 | shall
ascertain such general prevailing rate of wages, and | ||||||
16 | certify the
prevailing wage to such public body. | ||||||
17 | (c) The public body awarding the
contract shall cause to be | ||||||
18 | inserted in the project specifications and the
contract a | ||||||
19 | stipulation to the
effect that not less than the prevailing | ||||||
20 | rate of wages as found by the
public body or Department of | ||||||
21 | Labor or determined by the court on review
shall be paid to all | ||||||
22 | laborers, workers and mechanics performing work
under the | ||||||
23 | contract.
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24 | (d) When a public body or other entity covered by this Act | ||||||
25 | contracts for work with a contractor without a public bid or | ||||||
26 | project specification, such public body or other entity shall |
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1 | provide the contractor with a written notice that the | ||||||
2 | prevailing wage is required to be paid on the project as a | ||||||
3 | statement on the purchase order related to the work to be done | ||||||
4 | or on a separate document. | ||||||
5 | (e) Where a complaint has been made and the Department has | ||||||
6 | determined that a violation has occurred, the Department shall | ||||||
7 | determine if proper written notice under this Section 4 was | ||||||
8 | given. If proper written notice was not provided to the | ||||||
9 | contractor by the public body, the Department shall order the | ||||||
10 | public body to pay any back wages, interest, penalties or fines | ||||||
11 | owed by the contractor to all laborers, mechanics and other | ||||||
12 | workers who performed work on the project. For the purposes of | ||||||
13 | this subsection back wages shall be limited to the difference | ||||||
14 | between the actual amount paid and the prevailing wages | ||||||
15 | required to be paid for the project. A contractor shall not be | ||||||
16 | deemed in violation of this Act if proper written notice | ||||||
17 | pursuant to this Section 4 is not provided. The failure to | ||||||
18 | provide written notice by a public body or other entity does | ||||||
19 | not diminish the right of a laborer, worker, or mechanic to the | ||||||
20 | prevailing wage rate as determined under this Act.
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21 | (f)
(b) It shall also be mandatory upon the contractor to | ||||||
22 | whom the contract is
awarded
to insert into each subcontract | ||||||
23 | and into the project specifications for each
subcontract a | ||||||
24 | written stipulation to the effect that not less than the
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25 | prevailing
rate of wages shall be paid to all laborers, | ||||||
26 | workers, and mechanics performing
work under the contract. It |
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1 | shall also be mandatory upon each subcontractor to
cause to be | ||||||
2 | inserted into each lower tiered subcontract
and into the | ||||||
3 | project specifications for each lower tiered subcontract a
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4 | stipulation to the effect that not less
than the prevailing | ||||||
5 | rate of wages shall be paid to all laborers, workers, and
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6 | mechanics performing work under the contract. A contractor or | ||||||
7 | subcontractor who
fails to comply with this subsection (f)
(b)
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8 | is in violation of this Act.
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9 | (g) When a contractor has awarded work to a subcontractor | ||||||
10 | without a contract or without a contract specification, the | ||||||
11 | contractor may comply with subsection (d) by providing a | ||||||
12 | subcontractor a written statement indicating that no less than | ||||||
13 | the prevailing wage rate shall be paid to all laborers, | ||||||
14 | mechanics and other workers performing work on the project. A | ||||||
15 | contractor or subcontractor who
fails to comply with this | ||||||
16 | subsection (g) is in violation of this Act. | ||||||
17 | (h) Where a complaint has been made and the Department has | ||||||
18 | determined that a violation has occurred, the Department shall | ||||||
19 | determine if proper written notice under this Section 4 was | ||||||
20 | given. If proper written notice was not provided to the | ||||||
21 | subcontractor by the contractor, the Department shall order the | ||||||
22 | contractor to pay any back wages, interest, penalties or fines | ||||||
23 | owed by the subcontractor to all laborers, mechanics and other | ||||||
24 | workers who performed work on the project. For the purposes of | ||||||
25 | this subsection back wages shall be limited to the difference | ||||||
26 | between the actual amount paid and the prevailing wages |
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1 | required for the project. A subcontractor shall not be deemed | ||||||
2 | in violation of this Act if such written notice is not | ||||||
3 | provided. However, if proper written notice was not provided to | ||||||
4 | the contractor by the public body under subsections (a) or (b) | ||||||
5 | of this Section 4, the Department shall order the public body | ||||||
6 | to pay any back wages, interest, penalties or fines owed by the | ||||||
7 | subcontractor to all laborers, mechanics and other workers who | ||||||
8 | performed work on the project. The failure to provide written | ||||||
9 | notice by a public body or contractor does not diminish the | ||||||
10 | right of a laborer, worker, or mechanic to prevailing wage rate | ||||||
11 | as determined under this Act.
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12 | (i)
(c) It shall also require in all such contractor's | ||||||
13 | bonds
that the contractor include such provision as will | ||||||
14 | guarantee the
faithful performance of such prevailing wage | ||||||
15 | clause as provided by
contract. All bid specifications shall | ||||||
16 | list the specified rates to all
laborers, workers and mechanics | ||||||
17 | in the locality for each craft or type of
worker or mechanic | ||||||
18 | needed to execute the contract.
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19 | (j)
(d) If the Department of Labor
revises the prevailing | ||||||
20 | rate of hourly wages to be paid by the public body, the
revised | ||||||
21 | rate shall apply to such contract . The public body or the | ||||||
22 | Department of Labor shall make the revised rate of hourly wages | ||||||
23 | available to the contractor and each subcontractor and the | ||||||
24 | publication of the revised rate on the Department of Labor's | ||||||
25 | official website shall be deemed sufficient notice. The , and | ||||||
26 | the public body shall be
responsible to notify the contractor |
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1 | and each subcontractor shall notify its employees pursuant to | ||||||
2 | this Act and pay the
, of the revised
rate.
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3 |
(e) Two or more investigatory hearings under this Section | ||||||
4 | on the issue
of establishing a new prevailing wage | ||||||
5 | classification for a particular craft
or type of worker shall | ||||||
6 | be consolidated in a single hearing before the
Department. Such | ||||||
7 | consolidation shall occur whether each separate investigatory
| ||||||
8 | hearing is conducted by a public body or the Department. The | ||||||
9 | party requesting
a consolidated investigatory hearing shall | ||||||
10 | have the burden of establishing that
there is no existing | ||||||
11 | prevailing wage classification for the particular craft or
type | ||||||
12 | of worker in any of the localities under consideration.
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13 | (k) It shall be mandatory upon the contractor or | ||||||
14 | construction manager
to whom a contract for public works is | ||||||
15 | awarded to post, at a
location on the project site of the | ||||||
16 | public works that is
easily accessible to the workers engaged | ||||||
17 | on the project,
the prevailing wage rates for each craft or | ||||||
18 | type of worker
or mechanic needed to execute the contract or | ||||||
19 | project or
work to be performed. In lieu of posting on the | ||||||
20 | project site of the public works, a contractor which has a | ||||||
21 | business location where laborers, workers and mechanics | ||||||
22 | regularly visit may: (1) post in a conspicuous location at that | ||||||
23 | business the current prevailing wage rates for each county the | ||||||
24 | contractor is performing work; or (2) provide such laborer, | ||||||
25 | worker or mechanic engaged on the public works project a | ||||||
26 | written notice indicating the prevailing wage rates for the |
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1 | public works project. A failure to post or provide a prevailing | ||||||
2 | wage
rate as required by this Section is a violation of this | ||||||
3 | Act.
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4 | (l) Beginning July 1, 2009, every public body awarding any | ||||||
5 | contract for a public works or otherwise undertaking any public | ||||||
6 | works shall notify the Department of Labor in writing, on a | ||||||
7 | form and in a format prescribed by the Department of Labor, | ||||||
8 | whenever a contract subject to the provisions of this Act has | ||||||
9 | been awarded. The notification mentioned herein shall be filed | ||||||
10 | with the Department of Labor within 30 days after such contract | ||||||
11 | is awarded or before commencement of the public works, and | ||||||
12 | shall include a list of all first-tier subcontractors.
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13 | (Source: P.A. 92-783, eff. 8-6-02; 93-15, eff. 6-11-03; 93-16, | ||||||
14 | eff.
1-1-04; 93-38, eff. 6-1-04; revised 10-29-04.)
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15 | (820 ILCS 130/6) (from Ch. 48, par. 39s-6)
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16 | Sec. 6. Any officer, agent or representative of any public | ||||||
17 | body who
wilfully violates, or omits to comply with, any of the | ||||||
18 | provisions of
this Act, and any contractor or subcontractor, or | ||||||
19 | agent or
representative thereof, doing public work as | ||||||
20 | aforesaid, who wilfully violates, or omits to comply with, any | ||||||
21 | of the provisions of this Act
neglects to
keep, or cause to be | ||||||
22 | kept, an accurate record of the names, occupation
and actual | ||||||
23 | wages paid to each laborer, worker and mechanic employed by
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24 | him, in connection with the public work or who refuses to allow | ||||||
25 | access
to same at any reasonable hour to any person authorized |
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1 | to inspect same
under this Act, is guilty of a Class A | ||||||
2 | misdemeanor.
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3 | The Department of Labor shall inquire diligently as to any | ||||||
4 | violation
of this Act, shall institute actions for penalties | ||||||
5 | herein prescribed,
and shall enforce generally the provisions | ||||||
6 | of this Act. The Attorney
General shall prosecute such cases | ||||||
7 | upon complaint by the Department or
any interested person.
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8 | (Source: P.A. 94-488, eff. 1-1-06.)
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9 | (820 ILCS 130/9) (from Ch. 48, par. 39s-9)
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10 | Sec. 9. To effectuate the purpose and policy of this Act | ||||||
11 | each public
body shall, during the month of June of each | ||||||
12 | calendar year, investigate
and ascertain the prevailing rate of | ||||||
13 | wages as defined in this Act and
publicly post or keep | ||||||
14 | available for inspection by any interested party
in the main | ||||||
15 | office of such public body its determination of such
prevailing | ||||||
16 | rate of wage and shall promptly file, no later than July 15 of
| ||||||
17 | each year, a certified copy thereof
in the office of the | ||||||
18 | Secretary of State at Springfield and the office of the
| ||||||
19 | Illinois Department of Labor.
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20 | The Department of Labor shall during the month of June of | ||||||
21 | each calendar
year, investigate and ascertain the prevailing | ||||||
22 | rate of wages for each county
in the State. If a public body | ||||||
23 | does not investigate and ascertain the
prevailing
rate of wages | ||||||
24 | during the month of June as required by the previous paragraph,
| ||||||
25 | then the prevailing rate of wages for that public body shall be |
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| |||||||
1 | the rate
as determined by the Department under this paragraph | ||||||
2 | for the county in which
such public body is located.
| ||||||
3 | Where the Department of Labor ascertains the prevailing | ||||||
4 | rate of
wages, it is the duty of the Department of Labor within | ||||||
5 | 30 days after
receiving a notice from the public body | ||||||
6 | authorizing the proposed work,
to conduct an investigation to | ||||||
7 | ascertain the prevailing rate of wages as
defined in this Act | ||||||
8 | and such investigation shall be conducted in the
locality in | ||||||
9 | which the work is to be performed. The Department of Labor
| ||||||
10 | shall send a certified copy of its findings to the public body
| ||||||
11 | authorizing the work and keep a record of its findings | ||||||
12 | available for
inspection by any interested party in the office | ||||||
13 | of the Department of
Labor at Springfield.
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14 | The public body except for the Department of Transportation | ||||||
15 | with
respect to highway contracts shall within 30 days after | ||||||
16 | filing with the
Secretary of State, or the Department of Labor | ||||||
17 | shall within 30 days
after filing with such public body, | ||||||
18 | publish in a newspaper of general
circulation within the area | ||||||
19 | that the determination is effective, a
notice of its | ||||||
20 | determination and shall promptly mail a copy of its
| ||||||
21 | determination to any employer, and to any association of | ||||||
22 | employers and
to any person or association of employees who | ||||||
23 | have filed their names and
addresses, requesting copies of any | ||||||
24 | determination stating the particular
rates and the particular | ||||||
25 | class of workers whose wages will be affected
by such rates.
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26 | At any time within 30 days after the Department of Labor |
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| |||||||
1 | has published
on its official web site a prevailing wage | ||||||
2 | schedule, any person affected
thereby may object in writing to | ||||||
3 | the determination or such part thereof
as they may deem | ||||||
4 | objectionable by filing a written notice with the
public body | ||||||
5 | or Department of Labor, whichever has made such
determination, | ||||||
6 | stating the specified grounds of the objection. It shall
| ||||||
7 | thereafter be the duty of the public body or Department of | ||||||
8 | Labor to set
a date for a hearing on the objection after giving | ||||||
9 | written notice to the
objectors at least 10 days before the | ||||||
10 | date of the hearing and said
notice shall state the time and | ||||||
11 | place of such hearing. Such hearing by a
public body shall be | ||||||
12 | held within 45 days after the objection is filed,
and shall not | ||||||
13 | be postponed or reset for a later date except upon the
consent, | ||||||
14 | in writing, of all the objectors and the public body. If such
| ||||||
15 | hearing is not held by the public body within the time herein | ||||||
16 | specified,
the Department of Labor may, upon request of the | ||||||
17 | objectors, conduct the
hearing on behalf of the public body.
| ||||||
18 | The public body or Department of Labor, whichever has made | ||||||
19 | such
determination, is authorized in its discretion to hear | ||||||
20 | each timely filed written
objection . Two or more hearings under | ||||||
21 | this Section on the issue of establishing a new prevailing wage | ||||||
22 | classification for a particular craft or type of worker shall | ||||||
23 | be consolidated in a single hearing before the Department. Such | ||||||
24 | consolidation shall occur whether each separate hearing is | ||||||
25 | conducted by a public body or the Department. The party | ||||||
26 | requesting a consolidated hearing shall have the burden of |
| |||||||
| |||||||
1 | establishing that there is no existing prevailing wage | ||||||
2 | classification for the particular craft or type of worker in | ||||||
3 | any of the localities under consideration
filed separately or | ||||||
4 | consolidate for hearing any one or more
written objections | ||||||
5 | filed with them . At any
such hearing the public body or
| ||||||
6 | Department of Labor shall introduce in evidence the | ||||||
7 | investigation it
instituted which formed the basis of its | ||||||
8 | determination, and the public
body or Department of Labor, or | ||||||
9 | any interested objectors may thereafter
introduce such | ||||||
10 | evidence as is material to the issue. Thereafter, the
public | ||||||
11 | body or Department of Labor, must rule upon the written | ||||||
12 | objection
and make such final determination as it believes the | ||||||
13 | evidence warrants,
and promptly file a certified copy of its | ||||||
14 | final determination with such
public body and the Secretary of | ||||||
15 | State, and serve a copy by personal
service or registered mail | ||||||
16 | on all parties to the proceedings. The final
determination by | ||||||
17 | the Department of Labor or a public body shall be rendered
| ||||||
18 | within 30 days after the conclusion of the hearing.
| ||||||
19 | If proceedings to review judicially the final | ||||||
20 | determination of the
public body or Department of Labor are not | ||||||
21 | instituted as hereafter
provided, such determination shall be | ||||||
22 | final and binding.
| ||||||
23 | The provisions of the Administrative Review Law, and all | ||||||
24 | amendments
and modifications thereof, and the rules
adopted | ||||||
25 | pursuant thereto, shall apply to and govern all proceedings for
| ||||||
26 | the judicial review of final administrative decisions of any |
| |||||||
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1 | public body
or the Department of Labor hereunder. The term | ||||||
2 | "administrative decision"
is defined as in Section 3-101 of the | ||||||
3 | Code of Civil Procedure.
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4 | Appeals from all final orders and judgments entered by the | ||||||
5 | court in
review of the final administrative decision of the | ||||||
6 | public body or
Department of Labor, may be taken by any party | ||||||
7 | to the action.
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8 | Any proceeding in any court affecting a determination of | ||||||
9 | the
Department of Labor or public body shall have priority in | ||||||
10 | hearing and
determination over all other civil proceedings | ||||||
11 | pending in said court,
except election contests.
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12 | In all reviews or appeals under this Act, it shall be the | ||||||
13 | duty of the
Attorney General to represent the Department of | ||||||
14 | Labor, and defend its
determination. The Attorney General shall | ||||||
15 | not represent any public body,
except the State, in any such | ||||||
16 | review or appeal.
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17 | (Source: P.A. 93-38, eff. 6-1-04 .)
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18 | (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
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19 | Sec. 11. No public works project shall be instituted unless | ||||||
20 | the
provisions of this Act have been complied with. The | ||||||
21 | provisions of this
Act shall not be applicable to Federal | ||||||
22 | construction projects which
require a prevailing wage | ||||||
23 | determination by the United States Secretary
of Labor. The | ||||||
24 | Illinois Department of Labor represented by the Attorney
| ||||||
25 | General is empowered to sue for injunctive relief against the |
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| |||||||
1 | awarding of
any contract or the continuation of work under any | ||||||
2 | contract for public works
at a time when the prevailing wage | ||||||
3 | prerequisites have not been met. Any
contract for public works | ||||||
4 | awarded at a time when the prevailing wage prerequisites
had | ||||||
5 | not been met shall be void as against public policy and the | ||||||
6 | contractor
is prohibited from recovering any damages
for the | ||||||
7 | voiding of the contract or pursuant to the terms of the | ||||||
8 | contract.
The contractor is limited to a claim for amounts | ||||||
9 | actually paid for labor
and materials supplied to the public | ||||||
10 | body. Where objections to a determination
of the prevailing | ||||||
11 | rate of
wages or a court action relative thereto is pending, | ||||||
12 | the public body
shall not continue work on the project unless | ||||||
13 | sufficient funds are
available to pay increased wages if such | ||||||
14 | are finally determined or
unless the Department of Labor | ||||||
15 | certifies such determination of the
prevailing rate of wages as | ||||||
16 | correct.
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17 | Any laborer, worker or mechanic employed by the contractor | ||||||
18 | or by any sub-contractor
under him who is paid for his services | ||||||
19 | in a sum less than the stipulated
rates for work done under | ||||||
20 | such contract, shall
have a right of action for whatever | ||||||
21 | difference there may be between the
amount so paid, and the | ||||||
22 | prevailing rate of wages required to be paid on the public | ||||||
23 | works project
rates provided by the contract together with
| ||||||
24 | costs and such reasonable attorney's fees as
shall be allowed | ||||||
25 | by the court. Such contractor or subcontractor shall also
be | ||||||
26 | liable to the
Department of Labor for
20% of
such underpayments |
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| |||||||
1 | and shall be additionally liable to the laborer, worker
or | ||||||
2 | mechanic for punitive damages in the amount of
2% of the amount | ||||||
3 | of any
such penalty to the
State for underpayments for each | ||||||
4 | month following the date of payment during
which such | ||||||
5 | underpayments
remain unpaid. Where a second or subsequent | ||||||
6 | action to recover underpayments is brought against a contractor | ||||||
7 | or subcontractor and the contractor or subcontractor is found | ||||||
8 | liable for underpayments to any laborer, worker, or mechanic, | ||||||
9 | the contractor or subcontractor shall also be liable to the | ||||||
10 | Department of Labor for 50% of the underpayments payable as a | ||||||
11 | result of the second or subsequent action, and shall be | ||||||
12 | additionally liable to the laborer, worker or mechanic for | ||||||
13 | punitive damages in the amount of
for 5% of the amount of any | ||||||
14 | such penalty to the State for underpayments for each month | ||||||
15 | following the date of payment during which the underpayments | ||||||
16 | remain unpaid. The Department shall also have a right of action | ||||||
17 | on behalf
of any individual who has a right of action under | ||||||
18 | this Section. An action brought
to recover same shall be deemed | ||||||
19 | to be a suit for wages, and any and all
judgments entered | ||||||
20 | therein shall have the same force and effect as other
judgments | ||||||
21 | for wages.
At the request of any laborer, workman or mechanic
| ||||||
22 | employed by the contractor or by any subcontractor under him | ||||||
23 | who is paid
less than the prevailing wage rate required by this | ||||||
24 | Act, the Department
of Labor may take an assignment of such | ||||||
25 | wage claim in trust for the assigning
laborer, workman or | ||||||
26 | mechanic and may bring any legal action necessary to
collect |
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| |||||||
1 | such claim, and the contractor or subcontractor shall be | ||||||
2 | required
to pay the costs incurred in collecting such claim.
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3 | (Source: P.A. 94-488, eff. 1-1-06.)
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4 | (820 ILCS 130/11b)
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5 | Sec. 11b. Discharge or discipline of "whistle blowers" | ||||||
6 | prohibited.
| ||||||
7 | (a) No person shall discharge, discipline, or in any other | ||||||
8 | way discriminate
against, or cause to be discharged, | ||||||
9 | disciplined, or discriminated against, any
employee or
any
| ||||||
10 | authorized representative of employees by reason of the fact | ||||||
11 | that the employee
or representative has filed, instituted, or | ||||||
12 | caused to be filed or instituted
any proceeding under this Act, | ||||||
13 | or has testified or is about to testify
in any proceeding | ||||||
14 | resulting from the administration or enforcement of
this Act, | ||||||
15 | or offers any evidence of any violation of this Act.
| ||||||
16 | (b) Any employee or a representative of employees who | ||||||
17 | believes that he has
been discharged, disciplined, or otherwise | ||||||
18 | discriminated against by any person
in violation
of subsection | ||||||
19 | (a) of this Section may, within 60
30 days after the alleged
| ||||||
20 | violation occurs, apply to the Director of Labor for a
review | ||||||
21 | of the discharge, discipline, or alleged discrimination. A copy | ||||||
22 | of the
application
shall be sent to the person who allegedly | ||||||
23 | committed the violation, who
shall be the respondent. Upon | ||||||
24 | receipt of
an application, the Director
shall cause such | ||||||
25 | investigation to be made as he or she deems appropriate.
The |
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| |||||||
1 | investigation shall provide an opportunity for a public hearing | ||||||
2 | at
the request of any party to the review to enable the parties | ||||||
3 | to present
information relating to the alleged violation. The | ||||||
4 | parties shall be given
written notice of the time and place of | ||||||
5 | the hearing at least 30
5 days before
the hearing. Upon | ||||||
6 | receiving the report of the investigation, the Director
shall | ||||||
7 | make findings of fact. If the Director finds that a violation | ||||||
8 | did occur,
he or she shall issue a decision incorporating his | ||||||
9 | or her
findings and
requiring the party committing the | ||||||
10 | violation to take such affirmative action
to abate the | ||||||
11 | violation as the Director deems appropriate, including, but
not | ||||||
12 | limited to, the rehiring or reinstatement of the employee or | ||||||
13 | representative
of employees to his or her former position and | ||||||
14 | compensating him or her for the
time he or she was unemployed. | ||||||
15 | The party committing the violation shall also be liable to the | ||||||
16 | Department of Labor for a penalty of $5,000 for each violation | ||||||
17 | of this Section. If the Director finds that there was no
| ||||||
18 | violation, he
or she
shall issue an order denying the | ||||||
19 | application. An order issued by the
Director under this Section | ||||||
20 | shall be subject to
judicial review under the Administrative | ||||||
21 | Review Law.
| ||||||
22 | (c) The Director shall adopt rules implementing this | ||||||
23 | Section in
accordance
with the Illinois Administrative | ||||||
24 | Procedure Act.
| ||||||
25 | (Source: P.A. 94-488, eff. 1-1-06.)
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1 | (820 ILCS 130/11a rep.)
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2 | Section 10. The Prevailing Wage Act is amended by repealing | ||||||
3 | Section 11a.
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