Synopsis As Introduced Amends the Prevailing Wage Act. Provides that specified violations of the Act are Class A (rather than Class B) misdemeanors. Provides that a contractor or subcontractor who pays a worker less than the stipulated rates for work performed under a contract is liable to the Department of Labor for 50% (rather than 20%) of the underpayment and is liable to the worker for punitive damages in the amount of 5% (rather than 2%) of the amount of the penalty to the State for each month following the date of payment during which the underpayment remains unpaid. Provides that the list of contractors or subcontractors found to have disregarded their obligations to employees under the Act shall include contractors or subcontractors who, on 2 separate occasions within 5 years (rather than on 2 separate occasions, without regard to a time period), have been determined to have violated the Act. Provides that no contract may be awarded to a contractor or subcontractor appearing on the list, or to an entity in which the contractor or subcontractor has an interest, until 5 (rather than 2) years have elapsed from the date of publication of the list. Provides that a party violating provisions protecting whistle blowers is liable to the Department of Labor for a penalty of $5,000 for each violation.
Judicial Note (Admin Office of the Illinois Courts)
Based on a review of House Bill 1370 it has been determined that the legislation would neither increase nor decrease the number of judges needed in the State.
Fiscal Note (Department of Labor)
House Bill 1370 will not have a fiscal impact on the Department of Labor.
Correctional Note (Department of Corrections)
Corrections Population Impact: None; Fiscal Impact: None.
House Floor Amendment No. 1 Deletes language that increased the penalty and punitive damages for all underpayments. Adds language increasing the penalty and punitive damages for underpayments in the case of a second or subsequent action to recover underpayments against a contractor or subcontractor. Provides that no contract may be awarded to a contractor or subcontractor appearing on the list of contractors or subcontractors found to have disregarded their obligations to employees under the Act, or to an entity in which the contractor or subcontractor has an interest, until 4 (rather than 5 in the introduced bill) years have elapsed from the date of publication of the list.
Fiscal Note (H-AM 1)(Illinois Department of Labor)
Administration of the Act would not have a fiscal impact to implement.