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| Public Act 094-0488 |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Prevailing Wage Act is amended by changing | ||||
Sections 6, 11, 11a, and 11b as follows:
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(820 ILCS 130/6) (from Ch. 48, par. 39s-6)
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Sec. 6. Any officer, agent or representative of any public | ||||
body who
wilfully violates, or omits to comply with, any of the | ||||
provisions of
this Act, and any contractor or subcontractor, or | ||||
agent or
representative thereof, doing public work as | ||||
aforesaid, who neglects to
keep, or cause to be kept, an | ||||
accurate record of the names, occupation
and actual wages paid | ||||
to each laborer, worker and mechanic employed by
him, in | ||||
connection with the public work or who refuses to allow access
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to same at any reasonable hour to any person authorized to | ||||
inspect same
under this Act, is guilty of a Class A
B | ||||
misdemeanor.
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The Department of Labor shall inquire diligently as to any | ||||
violation
of this Act, shall institute actions for penalties | ||||
herein prescribed,
and shall enforce generally the provisions | ||||
of this Act. The Attorney
General shall prosecute such cases | ||||
upon complaint by the Department or
any interested person.
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(Source: P.A. 81-992.)
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(820 ILCS 130/11) (from Ch. 48, par. 39s-11)
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Sec. 11. No public works project shall be instituted unless | ||||
the
provisions of this Act have been complied with. The | ||||
provisions of this
Act shall not be applicable to Federal | ||||
construction projects which
require a prevailing wage | ||||
determination by the United States Secretary
of Labor. The | ||||
Illinois Department of Labor represented by the Attorney
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General is empowered to sue for injunctive relief against the | ||||
awarding of
any contract or the continuation of work under any | ||
contract for public works
at a time when the prevailing wage | ||
prerequisites have not been met. Any
contract for public works | ||
awarded at a time when the prevailing wage prerequisites
had | ||
not been met shall be void as against public policy and the | ||
contractor
is prohibited from recovering any damages
for the | ||
voiding of the contract or pursuant to the terms of the | ||
contract.
The contractor is limited to a claim for amounts | ||
actually paid for labor
and materials supplied to the public | ||
body. Where objections to a determination
of the prevailing | ||
rate of
wages or a court action relative thereto is pending, | ||
the public body
shall not continue work on the project unless | ||
sufficient funds are
available to pay increased wages if such | ||
are finally determined or
unless the Department of Labor | ||
certifies such determination of the
prevailing rate of wages as | ||
correct.
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Any laborer, worker or mechanic employed by the contractor | ||
or by any sub-contractor
under him who is paid for his services | ||
in a sum less than the stipulated
rates for work done under | ||
such contract, shall
have a right of action for whatever | ||
difference there may be between the
amount so paid, and the | ||
rates provided by the contract together with
costs and such | ||
reasonable attorney's fees as
shall be allowed by the court. | ||
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 | ||
additionally liable to the laborer, worker
or mechanic for | ||
punitive damages in the amount of
2% of the amount of any
such | ||
penalty to the
State for underpayments for each month following | ||
the date of payment during
which such underpayments
remain | ||
unpaid. Where a second or subsequent action to recover | ||
underpayments is brought against a contractor or subcontractor | ||
and the contractor or subcontractor is found liable for | ||
underpayments to any laborer, worker, or mechanic, the | ||
contractor or subcontractor shall also be liable to the | ||
Department of Labor for 50% of the underpayments payable as a | ||
result of the second or subsequent action, and shall be | ||
additionally liable for 5% of the amount of any such penalty to | ||
the State for underpayments for each month following the date | ||
of payment during which the underpayments remain unpaid. The | ||
Department shall also have a right of action on behalf
of any | ||
individual who has a right of action under this Section. An | ||
action brought
to recover same shall be deemed to be a suit for | ||
wages, and any and all
judgments entered therein shall have the | ||
same force and effect as other
judgments for wages.
At the | ||
request of any laborer, workman or mechanic
employed by the | ||
contractor or by any subcontractor under him who is paid
less | ||
than the prevailing wage rate required by this Act, the | ||
Department
of Labor may take an assignment of such wage claim | ||
in trust for the assigning
laborer, workman or mechanic and may | ||
bring any legal action necessary to
collect such claim, and the | ||
contractor or subcontractor shall be required
to pay the costs | ||
incurred in collecting such claim.
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(Source: P.A. 86-799.)
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(820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
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Sec. 11a. The Director of the Department of Labor shall | ||
publish in the
Illinois Register no less often than once each | ||
calendar quarter a list of
contractors or subcontractors found | ||
to have disregarded their obligations
to employees under this | ||
Act. The Department of Labor shall determine the
contractors or | ||
subcontractors who, on 2 separate occasions within 5 years, | ||
have been
determined to have violated the provisions of this | ||
Act. Upon such
determination the Department shall notify the | ||
violating
contractor or subcontractor. Such contractor or | ||
subcontractor shall then
have 10 working days to request a | ||
hearing by the Department on the alleged
violations. Failure to | ||
respond within the 10 working day period shall
result in | ||
automatic and immediate placement and publication on the list.
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If the contractor or subcontractor requests a hearing within | ||
the 10 working
day period, the Director shall set a hearing on | ||
the alleged violations.
Such hearing shall take place no later | ||
than 45 calendar days after the
receipt by the Department of | ||
Labor of the request for a hearing.
The Department of Labor is | ||
empowered to promulgate, adopt, amend and rescind
rules and | ||
regulations to govern the hearing procedure. No contract shall
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be awarded to a contractor or subcontractor appearing on the | ||
list, or to
any firm, corporation, partnership or association | ||
in which such contractor
or subcontractor has an interest until | ||
4
2 years have elapsed from the date
of publication of the list | ||
containing the name of such contractor or
subcontractor.
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(Source: P.A. 93-38, eff. 6-1-04.)
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(820 ILCS 130/11b)
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Sec. 11b. Discharge or discipline of "whistle blowers" | ||
prohibited.
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(a) No person shall discharge, discipline, or in any other | ||
way discriminate
against, or cause to be discharged, | ||
disciplined, or discriminated against, any
employee or
any
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authorized representative of employees by reason of the fact | ||
that the employee
or representative has filed, instituted, or | ||
caused to be filed or instituted
any proceeding under this Act, | ||
or has testified or is about to testify
in any proceeding | ||
resulting from the administration or enforcement of
this Act, | ||
or offers any evidence of any violation of this Act.
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(b) Any employee or a representative of employees who | ||
believes that he has
been discharged, disciplined, or otherwise | ||
discriminated against by any person
in violation
of subsection | ||
(a) of this Section may, within 30 days after the alleged
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violation occurs, apply to the Director of Labor for a
review | ||
of the discharge, discipline, or alleged discrimination. A copy | ||
of the
application
shall be sent to the person who allegedly | ||
committed the violation, who
shall be the respondent. Upon | ||
receipt of
an application, the Director
shall cause such | ||
investigation to be made as he or she deems appropriate.
The | ||
investigation shall provide an opportunity for a public hearing | ||
at
the request of any party to the review to enable the parties | ||
to present
information relating to the alleged violation. The | ||
parties shall be given
written notice of the time and place of | ||
the hearing at least 5 days before
the hearing. Upon receiving | ||
the report of the investigation, the Director
shall make | ||
findings of fact. If the Director finds that a violation did | ||
occur,
he or she shall issue a decision incorporating his or | ||
her
findings and
requiring the party committing the violation | ||
to take such affirmative action
to abate the violation as the | ||
Director deems appropriate, including, but
not limited to, the | ||
rehiring or reinstatement of the employee or representative
of | ||
employees to his or her former position and compensating him or | ||
her for the
time he or she was unemployed. The party committing | ||
the violation shall also be liable to the Department of Labor | ||
for a penalty of $5,000 for each violation of this Section. If | ||
the Director finds that there was no
violation, he
or she
shall | ||
issue an order denying the application. An order issued by the
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Director under this Section shall be subject to
judicial review | ||
under the Administrative Review Law.
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(c) The Director shall adopt rules implementing this | ||
Section in
accordance
with the Illinois Administrative | ||
Procedure Act.
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(Source: P.A. 88-359.)
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