(820 ILCS 130/0.01) (from Ch. 48, par. 39s-0.01)
Sec. 0.01.
Short title.
This Act may be cited as the Prevailing Wage Act.
(Source: P.A. 86-1324.)
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(820 ILCS 130/1) (from Ch. 48, par. 39s-1)
Sec. 1.
It is the policy of the State of Illinois that a wage of no
less than the general prevailing hourly rate as paid for work of a
similar character in the locality in which the work is performed, shall
be paid to all laborers, workers and mechanics employed by or on behalf
of any and all public bodies engaged in public works.
(Source: P.A. 83-443.)
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(820 ILCS 130/2) Sec. 2. This Act applies to the wages of laborers, mechanics and other workers employed in any public works, as hereinafter defined, by any public body and to anyone under contracts for public works. This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented. As used in this Act, unless the context indicates otherwise: "Public works" means all fixed works constructed or demolished by any public body, or paid for wholly or in part out of public funds. "Public works" as defined herein includes all projects financed in whole or in part with bonds, grants, loans, or other funds made available by or through the State or any of its political subdivisions, including but not limited to: bonds issued under the Industrial Project Revenue Bond Act (Article 11, Division 74 of the Illinois Municipal Code), the Industrial Building Revenue Bond Act, the Illinois Finance Authority Act, the Illinois Sports Facilities Authority Act, or the Build Illinois Bond Act; loans or other funds made available pursuant to the Build Illinois Act; loans or other funds made available pursuant to the Riverfront Development Fund under Section 10-15 of the River Edge Redevelopment Zone Act; or funds from the Fund for Illinois' Future under Section 6z-47 of the State Finance Act, funds for school construction under Section 5 of the General Obligation Bond Act, funds authorized under Section 3 of the School Construction Bond Act, funds for school infrastructure under Section 6z-45 of the State Finance Act, and funds for transportation purposes under Section 4 of the General Obligation Bond Act. "Public works" also includes (i) all projects financed in whole or in part with funds from the Environmental Protection Agency under the Illinois Renewable Fuels Development Program Act for which there is no project labor agreement; (ii) all work performed pursuant to a public private agreement under the Public Private Agreements for the Illiana Expressway Act or the Public-Private Agreements for the South Suburban Airport Act; (iii) all projects undertaken under a public-private agreement under the Public-Private Partnerships for Transportation Act or the Department of Natural Resources World Shooting and Recreational Complex Act; and (iv) all transportation facilities undertaken under a design-build contract or a Construction Manager/General Contractor contract under the Innovations for Transportation Infrastructure Act. "Public works" also includes all projects at leased facility property used for airport purposes under Section 35 of the Local Government Facility Lease Act. "Public works" also includes the construction of a new wind power facility by a business designated as a High Impact Business under Section 5.5(a)(3)(E) and the construction of a new utility-scale solar power facility by a business designated as a High Impact Business under Section 5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act. "Public works" also includes electric vehicle charging station projects financed pursuant to the Electric Vehicle Act and renewable energy projects required to pay the prevailing wage pursuant to the Illinois Power Agency Act. "Public works" also includes power washing projects by a public body or paid for wholly or in part out of public funds in which steam or pressurized water, with or without added abrasives or chemicals, is used to remove paint or other coatings, oils or grease, corrosion, or debris from a surface or to prepare a surface for a coating. "Public works" does not include work done directly by any public utility company, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. "Public works" also includes construction projects performed by a third party contracted by any public utility, as described in subsection (a) of Section 2.1, in public rights-of-way, as defined in Section 21-201 of the Public Utilities Act, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. "Public works" also includes construction projects that exceed 15 aggregate miles of new fiber optic cable, performed by a third party contracted by any public utility, as described in subsection (b) of Section 2.1, in public rights-of-way, as defined in Section 21-201 of the Public Utilities Act, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. "Public works" also includes any corrective action performed pursuant to Title XVI of the Environmental Protection Act for which payment from the Underground Storage Tank Fund is requested. "Public works" also includes all construction projects involving fixtures or permanent attachments affixed to light poles that are owned by a public body, including street light poles, traffic light poles, and other lighting fixtures, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds, unless the project is performed by employees employed directly by the public body. "Public works" also includes work performed subject to the Mechanical Insulation Energy and Safety Assessment Act. "Public works" also includes the removal, hauling, and transportation of biosolids, lime sludge, and lime residue from a water treatment plant or facility and the disposal of biosolids, lime sludge, and lime residue removed from a water treatment plant or facility at a landfill. "Public works" does not include projects undertaken by the owner at an owner-occupied single-family residence or at an owner-occupied unit of a multi-family residence. "Public works" does not include work performed for soil and water conservation purposes on agricultural lands, whether or not done under public supervision or paid for wholly or in part out of public funds, done directly by an owner or person who has legal control of those lands. "Construction" means all work on public works involving laborers, workers or mechanics. This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented. "Locality" means the county where the physical work upon public works is performed, except (1) that if there is not available in the county a sufficient number of competent skilled laborers, workers and mechanics to construct the public works efficiently and properly, "locality" includes any other county nearest the one in which the work or construction is to be performed and from which such persons may be obtained in sufficient numbers to perform the work and (2) that, with respect to contracts for highway work with the Department of Transportation of this State, "locality" may at the discretion of the Secretary of the Department of Transportation be construed to include two or more adjacent counties from which workers may be accessible for work on such construction. "Public body" means the State or any officer, board or commission of the State or any political subdivision or department thereof, or any institution supported in whole or in part by public funds, and includes every county, city, town, village, township, school district, irrigation, utility, reclamation improvement or other district and every other political subdivision, district or municipality of the state whether such political subdivision, municipality or district operates under a special charter or not. "Labor organization" means an organization that is the exclusive representative of an employer's employees recognized or certified pursuant to the National Labor Relations Act. The terms "general prevailing rate of hourly wages", "general prevailing rate of wages" or "prevailing rate of wages" when used in this Act mean the hourly cash wages plus annualized fringe benefits for training and apprenticeship programs approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training, health and welfare, insurance, vacations and pensions paid generally, in the locality in which the work is being performed, to employees engaged in work of a similar character on public works.(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346, eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23; 103-605, eff. 7-1-24.) |
(820 ILCS 130/2.1) Sec. 2.1. Public utilities. (a) For purposes of this Act, to the extent permitted by and consistent with federal law, "public utility" has the meaning given that term in Section 3-105 of the Public Utilities Act. (b) For purposes of this Act, "public utility" also includes: (1) telecommunications carriers, as defined in | ||
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(2) providers of cable service or video service, as | ||
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(3) providers of wireless services, including, but | ||
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(4) interconnected voice over Internet protocol | ||
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(5) providers of broadband service, as defined in | ||
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(6) persons or entities engaged in the installation, | ||
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(Source: P.A. 102-9, eff. 1-1-22.) |
(820 ILCS 130/3) (from Ch. 48, par. 39s-3)
Sec. 3. Not less than the general prevailing rate of hourly wages for
work of a similar character on public works in the locality in which the
work is performed, and not less than the general prevailing rate of
hourly wages for legal holiday and overtime work, shall be paid to all
laborers, workers and mechanics employed by or on behalf of any public
body engaged in the construction or demolition of public works.
This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented. Only such laborers, workers and mechanics as are
directly employed by contractors or subcontractors in actual
construction work on the site of the building or construction job, and
laborers, workers and mechanics engaged in the transportation of
materials and equipment to or from the site, but not including the
transportation by the sellers and suppliers or the manufacture or
processing of materials or equipment, in the execution of any contract
or contracts for public works with any public body shall be deemed to be
employed upon public works. The wage for a tradesman performing maintenance
is equivalent to that of a tradesman engaged in construction or demolition.
(Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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(820 ILCS 130/3.1) Sec. 3.1. Employment on public works; report. The Department of Labor shall report quarterly to the General Assembly and the Governor the number of people employed on public works in the State during the preceding 3 months. This report shall include the total number of people employed on each public works project during the preceding 3 months. The report shall identify every public works project in the State by project name and contractor name and include the demographics of the workers on the project by percentage, including gender, race, and ethnicity, broken down by the following categories: (i) type of trade; (ii) whether the worker is a journey worker or apprentice; and (iii) total work hours performed.
(Source: P.A. 103-347, eff. 1-1-24.) |
(820 ILCS 130/3.2) Sec. 3.2. Employment of females and minorities on public works. (a) The Department of Labor shall study and report on the participation of females and minorities on public works in Illinois. The Department of Labor shall use certified payrolls collected under Section 5.1 to obtain this information. The Department of Labor shall use the same categories for gender, race, and ethnicity as the U.S. Census Bureau for data collected under Section 5. (b) No later than December 31, 2020, the Department of Labor shall create recommendations to increase female and minority participation on public works projects by county. The Department of Labor shall use its own study, data from the U.S. Department of
Labor's goals for Davis-Bacon Act covered projects, and any available data from the State or federal governments.
(Source: P.A. 100-1177, eff. 6-1-19.) |
(820 ILCS 130/4) (from Ch. 48, par. 39s-4)
Sec. 4. Ascertaining prevailing wage. (a) The prevailing rate of wages paid to individuals covered under this Act shall not be less than the
rate that prevails for work of a similar character on public works in the locality in which the
work is performed under collective bargaining agreements or understandings between employers
or employer associations and bona fide labor organizations relating to each craft or type of
worker or mechanic needed to execute the contract or perform such work, and collective
bargaining agreements or understandings successor thereto, provided that said employers or
members of said employer associations employ at least 30% of the laborers, workers, or
mechanics in the same trade or occupation in the locality where the work is being performed. (b) If the prevailing rates of wages and fringe benefits cannot reasonably and fairly be applied
in any locality because no such agreements or understandings exist, the Department of Labor
shall determine the rates and fringe benefits for the same or most similar work in the nearest and
most similar neighboring locality in which such agreements or understandings exist. The
Department of Labor shall keep a record of its findings available for inspection by any interested
party in the office of the Department of Labor. (c) In the event it is determined, after a written objection is filed and hearing is held in
accordance with Section 9 of this Act, that less than 30% of the laborers, workers, or
mechanics in a particular trade or occupation in the locality where the work is performed receive
a collectively bargained rate of wage, then the average wage paid to such laborers, workers, or
mechanics in the same trade or occupation in the locality for the 12-month period preceding
the Department of Labor's annual determination shall be the prevailing rate of wage. (d) The public body awarding any contract for public work or
otherwise undertaking any public works shall
specify in the call for bids for the
contract, or where the public body performs the work without letting the contract in a written instrument provided to the contractor, that the general prevailing rate of wages in the locality for
each craft or type of worker or mechanic needed to execute the contract
or perform such work, also the general prevailing rate for legal holiday
and overtime work, as ascertained by the
Department of Labor shall be paid for each craft or type of worker
needed to execute the contract or to perform such work, and it shall be
mandatory upon the contractor to whom the contract is awarded and upon
any subcontractor under him, and where the public body performs the
work, upon the public body, to pay not less than the specified rates to
all laborers, workers and mechanics employed by them in the execution of
the contract or such work. Compliance with this Act is a matter of statewide concern, and a public body may not opt out of any provisions herein. (e) The public body or other entity awarding the
contract shall cause to be inserted in the project specifications and the
contract a stipulation to the
effect that not less than the prevailing rate of wages as found by the
Department of Labor or determined by the court on review
shall be paid to all laborers, workers and mechanics performing work
under the contract.
(f) When a public body or other entity covered by this Act has awarded work to a contractor without a public bid, contract or project specification, such public body or other entity shall comply with subsection (e) by providing the contractor with written notice on the purchase order related to the work to be done or on a separate document indicating that not less than the prevailing rate of wages ascertained by the Department of Labor or determined by the court on review shall be paid to all laborers, workers, and mechanics performing work on the project. (g) Where a complaint is made and the Department of Labor determines that a violation occurred, the Department of Labor shall determine if proper written notice under this Section 4 was given. If proper written notice was not provided to the contractor by the public body or other entity, the Department of Labor shall order the public body or other entity to pay any interest, penalties or fines that would have been owed by the contractor if proper written notice were provided. The failure by a public body or other entity to provide written notice does not relieve the contractor of the duty to comply with the prevailing wage rate, nor of the obligation to pay any back wages, as determined under this Act. For the purposes of this subsection, back wages shall be limited to the difference between the actual amount paid and the prevailing rate of wages required to be paid for the project. The failure of a public body or other entity to provide written notice under this Section 4 does not diminish the right of a laborer, worker, or mechanic to the prevailing rate of wages as determined under this Act. Any laborer, worker, or mechanic who is employed by the contractor or by any sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between (i) the amount so paid and (ii) the prevailing rates required to be paid for work performed on the project. (h) It shall also be mandatory upon the contractor to whom the contract is
awarded
to insert into each subcontract and into the project specifications for each
subcontract a written stipulation to the effect that not less than the
prevailing
rate of wages shall be paid to all laborers, workers, and mechanics performing
work under the contract. It shall also be mandatory upon each subcontractor to
cause to be inserted into each lower tiered subcontract
and into the project specifications for each lower tiered subcontract a
stipulation to the effect that not less
than the prevailing rate of wages shall be paid to all laborers, workers, and
mechanics performing work under the contract. A contractor or subcontractor who
fails to comply with this subsection is in violation of this Act.
(i) When a contractor has awarded work to a subcontractor without a contract or contract specification, the contractor shall comply with subsection (h) by providing a subcontractor with a written statement indicating that not less than the prevailing rate of wages shall be paid to all laborers, workers, and mechanics performing work on the project. A contractor or subcontractor who fails to comply with this subsection is in violation of this Act. (j) Where a complaint is made and the Department of Labor determines that a violation has occurred, the Department of Labor shall determine if proper written notice under this Section 4 was given. If proper written notice was not provided to the subcontractor by the contractor, the Department of Labor shall order the contractor to pay any interest, penalties, or fines that would have been owed by the subcontractor if proper written notice were provided. The failure by a contractor to provide written notice to a subcontractor does not relieve the subcontractor of the duty to comply with the prevailing wage rate, nor of the obligation to pay any back wages, as determined under this Act. For the purposes of this subsection, back wages shall be limited to the difference between the actual amount paid and the prevailing rate of wages required for the project. However, if proper written notice was not provided to the contractor by the public body or other entity under this Section 4, the Department of Labor shall order the public body or other entity to pay any interest, penalties, or fines that would have been owed by the subcontractor if proper written notice were provided. The failure by a public body or other entity to provide written notice does not relieve the subcontractor of the duty to comply with the prevailing wage rate, nor of the obligation to pay any back wages, as determined under this Act. For the purposes of this subsection, back wages shall be limited to the difference between the actual amount paid and the prevailing rate of wages required for the project. The failure to provide written notice by a public body, other entity, or contractor does not diminish the right of a laborer, worker, or mechanic to the prevailing rate of wages as determined under this Act. (k) A public body or other entity shall also require in all contractor's and subcontractor's bonds
that the contractor or subcontractor include such provision as will guarantee the
faithful performance of such prevailing wage clause as provided by
contract or other written instrument. All bid specifications shall list the specified rates to all
laborers, workers and mechanics in the locality for each craft or type of
worker or mechanic needed to execute the contract.
(l) If the Department of Labor
revises the prevailing rate of hourly wages to be paid by the public body or other entity, the
revised rate shall apply to such contract, and the public body or other entity shall be
responsible to notify the contractor and each subcontractor, of the revised
rate.
The public body or other entity shall discharge its duty to notify of the revised rates by inserting a written stipulation in all contracts or other written instruments that states the prevailing rate of wages are revised by the Department of Labor and are available on the Department's official website. This shall be deemed to be proper notification of any rate changes under this subsection. (m) Two or more investigatory hearings under this Section on the issue
of establishing a new prevailing wage classification for a particular craft
or type of worker shall be consolidated in a single hearing before the
Department. The party requesting
a consolidated investigatory hearing shall have the burden of establishing that
there is no existing prevailing wage classification for the particular craft or
type of worker in any of the localities under consideration.
(n) It shall be mandatory upon the contractor or construction manager
to whom a contract for public works is awarded to post, at a
location on the project site of the public works that is
easily accessible to the workers engaged on the project,
the prevailing wage rates for each craft or type of worker
or mechanic needed to execute the contract or project or
work to be performed. In lieu of posting on the project site of the public works, a contractor which has a business location where laborers, workers, and mechanics regularly visit may: (1) post in a conspicuous location at that business the current prevailing wage rates for each county in which the contractor is performing work; or (2) provide such laborer, worker, or mechanic engaged on the public works project a written notice indicating the prevailing wage rates for the public works project. A failure to post or provide a prevailing wage
rate as required by this Section is a violation of this Act.
(Source: P.A. 103-48, eff. 1-1-24.)
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(820 ILCS 130/5) (from Ch. 48, par. 39s-5)
Sec. 5. Certified payroll.
(a) Any contractor and each subcontractor who participates in public works shall: (1) make and keep, for a period of not less than 3 | ||
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(2) no later than the 15th day of each calendar month | ||
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A contractor, subcontractor, or public body may retain records required under this Section in paper or electronic format. (b) Upon 7 business days' notice, the contractor and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, the records identified in paragraph (1) of subsection (a) of this Section to the public body
in charge of the project, its officers and agents, the Director of Labor
and his deputies and agents, and to federal, State, or local law enforcement agencies and prosecutors. (c) A contractor or subcontractor who remits contributions to fringe benefit funds that are jointly maintained and jointly governed by one or more employers and one or more labor organizations in accordance with the federal Labor Management Relations Act shall make and keep certified payroll records that include the information required under items (i) through (viii) of paragraph (1) of subsection (a) only. However, the information required under items (ix) through (xv) of paragraph (1) of subsection (a) shall be required for any contractor or subcontractor who remits contributions to a fringe benefit fund that is not jointly maintained and jointly governed by one or more employers and one or more labor organizations in accordance with the federal Labor Management Relations Act. (Source: P.A. 100-1177, eff. 6-1-19; 101-31, eff. 6-28-19.)
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(820 ILCS 130/5.1) Sec. 5.1. Electronic database. The Department shall develop and maintain an electronic database capable of accepting and retaining certified payrolls submitted under this Act no later than April 1, 2020. The database shall accept certified payroll forms provided by the Department that are fillable and designed to accept electronic signatures. Beginning January 1, 2022, the Department shall make accessible to the public on its website by the 16th day of each month following the month the work was performed the following information from certified payrolls submitted under this Act: each worker's (i) classification or classifications, (ii) skill level, such as apprentice or journeyman, (iii) gross wages paid in each pay period, (iv) number of hours worked each day, (v) starting and ending times of work each day, (vi) hourly wage rate, (vii) hourly overtime wage rate, and (viii) hourly fringe benefit rate. The database shall be searchable by contractor name, project name, county in which the work was performed, and contracting public body.
(Source: P.A. 102-332, eff. 8-6-21.) |
(820 ILCS 130/6) (from Ch. 48, par. 39s-6)
Sec. 6. Any officer, agent or representative of any public body who
wilfully violates, or willfully fails to comply with, any of the provisions of
this Act, and any contractor or subcontractor, and any officer, employee, or agent thereof, who as such officer, employee, or agent, has a duty to create, keep, maintain, or produce any record or document required by this Act to be created, kept, maintained, or produced who willfully fails to create, keep, maintain, or produce such record or document as or when required by this Act, is guilty of a Class A misdemeanor.
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.
(Source: P.A. 97-571, eff. 1-1-12.)
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(820 ILCS 130/7) (from Ch. 48, par. 39s-7)
Sec. 7.
The finding of the Department of Labor ascertaining and
declaring the general prevailing rate of hourly wages shall be final for
all purposes of the contract for public work then being considered,
unless reviewed under the provisions of this Act. Nothing in this Act,
however, shall be construed to prohibit the payment to any laborer,
worker or mechanic employed on any public work, as aforesaid, of more
than the prevailing rate of wages; provided further that nothing in this
Act shall be construed to limit the hours of work which may be performed
by any person in any particular period of time.
(Source: P.A. 100-1177, eff. 6-1-19.)
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(820 ILCS 130/8) (from Ch. 48, par. 39s-8)
Sec. 8.
(Repealed).
(Source: Laws 1957, p. 2662. Repealed by P.A. 100-1177, eff. 6-1-19.)
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(820 ILCS 130/9) (from Ch. 48, par. 39s-9)
Sec. 9.
To effectuate the purpose and policy of this Act the Department of Labor shall, during the month of June of each calendar
year, investigate and ascertain the prevailing rate of wages for each county
in the State and shall publish the prevailing wage schedule ascertained on its official website no later than
July 15 of each year. If the prevailing rate of wages is based on a collective bargaining
agreement, any increases directly ascertainable from such collective bargaining agreement shall
also be published on the website. Further, if the prevailing rate of wages is based on a collective
bargaining agreement, the explanation of classes on the prevailing wage schedule shall be
consistent with the classifications established under the collective bargaining agreement.
At any time within 30 days after the Department of Labor has published
on its official web site a prevailing wage schedule, any person affected
thereby may object in writing to the determination or such part thereof
as they may deem objectionable by filing a written notice with the
Department of Labor stating the specified grounds of the objection. A person filing an objection alleging that the actual percentage of
laborers, workers, or mechanics that receive a collectively bargained rate of wage is below the
required 30% shall have the burden of establishing such and shall support the allegation
with competent evidence. During the pendency of any objection and until final determination
thereof, the work in question shall proceed under the rate established by the Department. It shall
be the duty of the Department of Labor to set
a date for a hearing on the objection after giving written notice to the
objectors at least 10 days before the date of the hearing and said
notice shall state the time and place of such hearing. Such hearing by the Department of Labor shall be held within 45 days after the objection is filed,
and shall not be postponed or reset for a later date except upon the
consent, in writing, of all the objectors and the Department of Labor.
The Department of Labor may hear each written
objection filed separately or consolidate for hearing any one or more
written objections filed. At such hearing, the
Department of Labor shall introduce in evidence the investigation it
instituted which formed the basis of its determination, and the Department of Labor, or any interested objectors may thereafter
introduce such evidence as is material to the issue. Thereafter, the
Department of Labor, must rule upon the written objection
and make such final determination as it believes the evidence warrants and serve a copy by personal
service, registered mail, or electronic mail on all parties to the proceedings. The final
determination by the Department of Labor shall be rendered
within 30 days after the conclusion of the hearing.
If proceedings to review judicially the final determination of the
Department of Labor are not instituted as hereafter
provided, such determination shall be final and binding.
The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the Department of Labor. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by the court in
review of the final administrative decision of the
Department of Labor, may be taken by any party to the action.
Any proceeding in any court affecting a determination of the
Department of Labor shall have priority in hearing and
determination over all other civil proceedings pending in said court,
except election contests.
In all reviews or appeals under this Act, it shall be the duty of the
Attorney General to represent the Department of Labor, and defend its
determination.
(Source: P.A. 100-2, eff. 6-16-17; 100-154, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1177, eff. 6-1-19.)
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(820 ILCS 130/10) (from Ch. 48, par. 39s-10)
Sec. 10.
The Director of the Department of Labor, or his or
her authorized representative may interview workers, administer oaths, take
or cause to be taken
the depositions of witnesses, and require by subpoena the attendance and
testimony of witnesses, and the production of all books, records, and other
evidence relative to the matter under investigation or hearing. Such
subpoena shall be signed and issued by the Director or his or her authorized
representative.
Upon request by the Director of Labor or his or her deputies or agents,
records shall be copied and submitted for evidence at no cost to the
Department of Labor. Every employer upon request shall furnish to the
Director or his or her authorized representative, on demand, a sworn statement
of the accuracy of the records. Any employer who refuses to furnish a sworn
statement of the records is in violation of this Act.
In case of failure of any person to comply with any subpoena lawfully
issued under this Section or on the refusal of any witness to produce
evidence or to testify to any matter regarding which he or she may be
lawfully interrogated, it is the duty of any circuit court, upon
application of the Director or his or her authorized representative, to compel obedience by
proceedings for contempt, as in the case of disobedience of the requirements of
a subpoena issued by such court or a refusal to testify therein. The Director may certify to official acts.
(Source: P.A. 100-1177, eff. 6-1-19.)
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(820 ILCS 130/11) (from Ch. 48, par. 39s-11)
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
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.
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 prevailing
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
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.
The action shall be brought within 5 years from the date of the failure to pay the wages or compensation. 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.
(Source: P.A. 103-48, eff. 1-1-24.)
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(820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
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.
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
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 years have elapsed from the date
of publication of the list containing the name of such contractor or
subcontractor. A contractor or subcontractor convicted or found guilty under Section 5 or 6 of this Act shall be subject to an automatic and immediate debarment, thereafter prohibited from participating in any public works project for 4 years, with no right to a hearing.
(Source: P.A. 97-571, eff. 1-1-12.)
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(820 ILCS 130/11b)
Sec. 11b. Discharge or discipline of "whistle blowers" prohibited.
(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
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.
(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
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
Director under this Section shall be subject to
judicial review under the Administrative Review Law.
(c) The Director shall adopt rules implementing this Section in
accordance
with the Illinois Administrative Procedure Act.
(Source: P.A. 94-488, eff. 1-1-06.)
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(820 ILCS 130/12) (from Ch. 48, par. 39s-12)
Sec. 12.
If any section, sentence, clause or part of this act, is for
any reason held to be unconstitutional, such decision shall not affect
the remaining portions of this act. The General Assembly hereby declares
that it would have passed this Act, and each section, sentence, clause,
or part thereof, irrespective of the fact that one or more sections,
sentences, clauses, or parts might be declared unconstitutional.
(Source: Laws 1941, vol. 1, p. 703.)
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