Illinois General Assembly - Full Text of HB1370
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Full Text of HB1370  94th General Assembly



State of Illinois
2005 and 2006


Introduced 02/09/05, by Rep. Larry McKeon - Charles E. Jefferson - Brandon W. Phelps - Cynthia Soto


820 ILCS 130/6   from Ch. 48, par. 39s-6
820 ILCS 130/11   from Ch. 48, par. 39s-11
820 ILCS 130/11a   from Ch. 48, par. 39s-11a
820 ILCS 130/11b

    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.

LRB094 09246 WGH 39480 b






HB1370 LRB094 09246 WGH 39480 b

1     AN ACT concerning employment.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Prevailing Wage Act is amended by changing
5 Sections 6, 11, 11a, and 11b as follows:
6     (820 ILCS 130/6)  (from Ch. 48, par. 39s-6)
7     Sec. 6. Any officer, agent or representative of any public
8 body who wilfully violates, or omits to comply with, any of the
9 provisions of this Act, and any contractor or subcontractor, or
10 agent or representative thereof, doing public work as
11 aforesaid, who neglects to keep, or cause to be kept, an
12 accurate record of the names, occupation and actual wages paid
13 to each laborer, worker and mechanic employed by him, in
14 connection with the public work or who refuses to allow access
15 to same at any reasonable hour to any person authorized to
16 inspect same under this Act, is guilty of a Class A B
17 misdemeanor.
18     The Department of Labor shall inquire diligently as to any
19 violation of this Act, shall institute actions for penalties
20 herein prescribed, and shall enforce generally the provisions
21 of this Act. The Attorney General shall prosecute such cases
22 upon complaint by the Department or any interested person.
23 (Source: P.A. 81-992.)
24     (820 ILCS 130/11)  (from Ch. 48, par. 39s-11)
25     Sec. 11. No public works project shall be instituted unless
26 the provisions of this Act have been complied with. The
27 provisions of this Act shall not be applicable to Federal
28 construction projects which require a prevailing wage
29 determination by the United States Secretary of Labor. The
30 Illinois Department of Labor represented by the Attorney
31 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.
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 rates provided by the contract together with costs and such
23 reasonable attorney's fees as shall be allowed by the court.
24 Such contractor or subcontractor shall also be liable to the
25 Department of Labor for 50% 20% of such underpayments and shall
26 be additionally liable to the laborer, worker or mechanic for
27 punitive damages in the amount of 5% 2% of the amount of any
28 such penalty to the State for underpayments for each month
29 following the date of payment during which such underpayments
30 remain unpaid. The Department shall also have a right of action
31 on behalf of any individual who has a right of action under
32 this Section. An action brought to recover same shall be deemed
33 to be a suit for wages, and any and all judgments entered
34 therein shall have the same force and effect as other judgments
35 for wages. At the request of any laborer, workman or mechanic
36 employed by the contractor or by any subcontractor under him



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1 who is paid less than the prevailing wage rate required by this
2 Act, the Department of Labor may take an assignment of such
3 wage claim in trust for the assigning laborer, workman or
4 mechanic and may bring any legal action necessary to collect
5 such claim, and the contractor or subcontractor shall be
6 required to pay the costs incurred in collecting such claim.
7 (Source: P.A. 86-799.)
8     (820 ILCS 130/11a)  (from Ch. 48, par. 39s-11a)
9     Sec. 11a. The Director of the Department of Labor shall
10 publish in the Illinois Register no less often than once each
11 calendar quarter a list of contractors or subcontractors found
12 to have disregarded their obligations to employees under this
13 Act. The Department of Labor shall determine the contractors or
14 subcontractors who, on 2 separate occasions within 5 years,
15 have been determined to have violated the provisions of this
16 Act. Upon such determination the Department shall notify the
17 violating contractor or subcontractor. Such contractor or
18 subcontractor shall then have 10 working days to request a
19 hearing by the Department on the alleged violations. Failure to
20 respond within the 10 working day period shall result in
21 automatic and immediate placement and publication on the list.
22 If the contractor or subcontractor requests a hearing within
23 the 10 working day period, the Director shall set a hearing on
24 the alleged violations. Such hearing shall take place no later
25 than 45 calendar days after the receipt by the Department of
26 Labor of the request for a hearing. The Department of Labor is
27 empowered to promulgate, adopt, amend and rescind rules and
28 regulations to govern the hearing procedure. No contract shall
29 be awarded to a contractor or subcontractor appearing on the
30 list, or to any firm, corporation, partnership or association
31 in which such contractor or subcontractor has an interest until
32 5 2 years have elapsed from the date of publication of the list
33 containing the name of such contractor or subcontractor.
34 (Source: P.A. 93-38, eff. 6-1-04.)



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1     (820 ILCS 130/11b)
2     Sec. 11b. Discharge or discipline of "whistle blowers"
3 prohibited.
4     (a) No person shall discharge, discipline, or in any other
5 way discriminate against, or cause to be discharged,
6 disciplined, or discriminated against, any employee or any
7 authorized representative of employees by reason of the fact
8 that the employee or representative has filed, instituted, or
9 caused to be filed or instituted any proceeding under this Act,
10 or has testified or is about to testify in any proceeding
11 resulting from the administration or enforcement of this Act,
12 or offers any evidence of any violation of this Act.
13     (b) Any employee or a representative of employees who
14 believes that he has been discharged, disciplined, or otherwise
15 discriminated against by any person in violation of subsection
16 (a) of this Section may, within 30 days after the alleged
17 violation occurs, apply to the Director of Labor for a review
18 of the discharge, discipline, or alleged discrimination. A copy
19 of the application shall be sent to the person who allegedly
20 committed the violation, who shall be the respondent. Upon
21 receipt of an application, the Director shall cause such
22 investigation to be made as he or she deems appropriate. The
23 investigation shall provide an opportunity for a public hearing
24 at the request of any party to the review to enable the parties
25 to present information relating to the alleged violation. The
26 parties shall be given written notice of the time and place of
27 the hearing at least 5 days before the hearing. Upon receiving
28 the report of the investigation, the Director shall make
29 findings of fact. If the Director finds that a violation did
30 occur, he or she shall issue a decision incorporating his or
31 her findings and requiring the party committing the violation
32 to take such affirmative action to abate the violation as the
33 Director deems appropriate, including, but not limited to, the
34 rehiring or reinstatement of the employee or representative of
35 employees to his or her former position and compensating him or
36 her for the time he or she was unemployed. The party committing



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1 the violation shall also be liable to the Department of Labor
2 for a penalty of $5,000 for each violation of this Section. If
3 the Director finds that there was no violation, he or she shall
4 issue an order denying the application. An order issued by the
5 Director under this Section shall be subject to judicial review
6 under the Administrative Review Law.
7     (c) The Director shall adopt rules implementing this
8 Section in accordance with the Illinois Administrative
9 Procedure Act.
10 (Source: P.A. 88-359.)