Full Text of SB2943 97th General Assembly
SB2943sam001 97TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 2/28/2012
| | 09700SB2943sam001 | | LRB097 18678 JLS 65302 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2943
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2943 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Prevailing Wage Act is amended by changing | 5 | | Sections 2, 4, 5, 6, and 11 as follows:
| 6 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 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. This includes any maintenance, | 11 | | repair, assembly, or disassembly work performed on equipment | 12 | | whether owned, leased, or rented.
| 13 | | As used in this Act, unless the context indicates | 14 | | otherwise:
| 15 | | "Public works" means all fixed works constructed or | 16 | | demolished by
any public body,
or paid for wholly or in part |
| | | 09700SB2943sam001 | - 2 - | LRB097 18678 JLS 65302 a |
|
| 1 | | out of public funds. "Public works" as
defined herein includes | 2 | | all projects financed in whole
or in part with bonds, grants, | 3 | | loans, or other funds made available by or through the State or | 4 | | any of its political subdivisions, including but not limited | 5 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 6 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 7 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 8 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 9 | | the Build Illinois Bond Act; loans or other funds made
| 10 | | available pursuant to the Build Illinois Act; or funds from the | 11 | | Fund for
Illinois' Future under Section 6z-47 of the State | 12 | | Finance Act, funds for school
construction under Section 5 of | 13 | | the General Obligation Bond Act, funds
authorized under Section | 14 | | 3 of the School Construction Bond Act, funds for
school | 15 | | infrastructure under Section 6z-45 of the State Finance Act, | 16 | | and funds
for transportation purposes under Section 4 of the | 17 | | General Obligation Bond
Act. "Public works" also includes (i) | 18 | | all projects financed in whole or in part
with funds from the | 19 | | Department of Commerce and Economic Opportunity under the | 20 | | Illinois Renewable Fuels Development Program
Act for which | 21 | | there is no project labor agreement; (ii) all work performed | 22 | | pursuant to a public private agreement under the Public Private | 23 | | Agreements for the Illiana Expressway Act; and (iii) all | 24 | | projects undertaken under a public-private agreement under the | 25 | | Public-Private Partnerships for Transportation Act. "Public | 26 | | works" also includes all projects at leased facility property |
| | | 09700SB2943sam001 | - 3 - | LRB097 18678 JLS 65302 a |
|
| 1 | | used for airport purposes under Section 35 of the Local | 2 | | Government Facility Lease Act. "Public works" also includes the | 3 | | construction of a new wind power facility by a business | 4 | | designated as a High Impact Business under Section 5.5(a)(3)(E) | 5 | | of the Illinois Enterprise Zone Act.
"Public works" does not | 6 | | include work done directly by any public utility company, | 7 | | whether or not done under public supervision or direction, or | 8 | | paid for wholly or in part out of public funds. "Public works" | 9 | | does not include projects undertaken by the owner at an | 10 | | owner-occupied single-family residence or at an owner-occupied | 11 | | unit of a multi-family residence.
| 12 | | "Construction" means all work on public works involving | 13 | | laborers,
workers or mechanics. This includes any maintenance, | 14 | | repair, assembly, or disassembly work performed on equipment | 15 | | whether owned, leased, or rented.
| 16 | | "Locality" means the county where the physical work upon | 17 | | public works
is performed, except (1) that if there is not | 18 | | available in the county a
sufficient number of competent | 19 | | skilled laborers, workers and mechanics
to construct the public | 20 | | works efficiently and properly, "locality"
includes any other | 21 | | county nearest the one in which the work or
construction is to | 22 | | be performed and from which such persons may be
obtained in | 23 | | sufficient numbers to perform the work and (2) that, with
| 24 | | respect to contracts for highway work with the Department of
| 25 | | Transportation of this State, "locality" may at the discretion | 26 | | of the
Secretary of the Department of Transportation be |
| | | 09700SB2943sam001 | - 4 - | LRB097 18678 JLS 65302 a |
|
| 1 | | construed to include
two or more adjacent counties from which | 2 | | workers may be accessible for
work on such construction.
| 3 | | "Public body" means the State or any officer, board or | 4 | | commission of
the State or any political subdivision or | 5 | | department thereof, or any
institution supported in whole or in | 6 | | part by public funds,
and includes every county, city, town,
| 7 | | village, township, school district, irrigation, utility, | 8 | | reclamation
improvement or other district and every other | 9 | | political subdivision,
district or municipality of the state | 10 | | whether such political
subdivision, municipality or district | 11 | | operates under a special charter
or not.
| 12 | | The terms "general prevailing rate of hourly wages", | 13 | | "general
prevailing rate of wages" or "prevailing rate of | 14 | | wages" when used in
this Act mean the hourly cash wages plus | 15 | | fringe benefits for training and
apprenticeship programs | 16 | | approved by the U.S. Department of Labor, Bureau of
| 17 | | Apprenticeship and Training, health and welfare, insurance, | 18 | | vacations and
pensions paid generally, in the
locality in which | 19 | | the work is being performed, to employees engaged in
work of a | 20 | | similar character on public works.
| 21 | | "Responsible bidder" means those individuals or firms | 22 | | meeting the requirements of Section 30-22 of the Illinois | 23 | | Procurement Code. | 24 | | (Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186, | 25 | | eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502, | 26 | | eff. 8-23-11.)
|
| | | 09700SB2943sam001 | - 5 - | LRB097 18678 JLS 65302 a |
|
| 1 | | (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
| 2 | | Sec. 4. Ascertaining prevailing wage. | 3 | | (a) The public body awarding any contract for public work | 4 | | or
otherwise undertaking any public works, shall ascertain the | 5 | | general
prevailing rate of hourly wages in the locality in | 6 | | which the work is to
be performed, for each craft or type of | 7 | | worker or mechanic needed to
execute the contract, and where | 8 | | the public body performs the work
without letting a contract | 9 | | therefor, shall ascertain the prevailing rate
of wages on a per | 10 | | hour basis in the locality, and such public body shall
specify | 11 | | in the resolution or ordinance and in the call for bids for the
| 12 | | contract, that the general prevailing rate of wages in the | 13 | | locality for
each craft or type of worker or mechanic needed to | 14 | | execute the contract
or perform such work, also the general | 15 | | prevailing rate for legal holiday
and overtime work, as | 16 | | ascertained by the public body or by the
Department of Labor | 17 | | shall be paid for each craft or type of worker
needed to | 18 | | execute the contract or to perform such work, and it shall be
| 19 | | mandatory upon the contractor to whom the contract is awarded | 20 | | and upon
any subcontractor under him and upon any subcontractor | 21 | | of any tier , and where the public body performs the
work, upon | 22 | | the public body, to pay not less than the specified rates to
| 23 | | all laborers, workers and mechanics employed by them in the | 24 | | execution of
the contract or such work; provided, however, that | 25 | | if the public body
desires that the Department of Labor |
| | | 09700SB2943sam001 | - 6 - | LRB097 18678 JLS 65302 a |
|
| 1 | | ascertain the prevailing rate of
wages, it shall notify the | 2 | | Department of Labor to ascertain the general
prevailing rate of | 3 | | hourly wages for work under contract, or for work
performed by | 4 | | a public body without letting a contract as required in the
| 5 | | locality in which the work is to be performed, for each craft | 6 | | or type of
worker or mechanic needed to execute the contract or | 7 | | project or work to
be performed. Upon such notification the | 8 | | Department of Labor shall
ascertain such general prevailing | 9 | | rate of wages, and certify the
prevailing wage to such public | 10 | | body. | 11 | | (a-0.5) When a public body or other entity covered by this | 12 | | Act calls for bids for a contract covered by this Act, the | 13 | | public body or other entity shall specify in the call for bids | 14 | | for the contract that it shall be mandatory upon each | 15 | | contractor and upon each subcontractor under him and upon any | 16 | | subcontractor of any tier to include in each bid a total number | 17 | | of straight-time work hours, identified as either | 18 | | "Journeyperson" or "Apprentice", for each craft or type of | 19 | | worker or mechanic needed to execute the contract or perform | 20 | | the work. Bids received that do not include the total number of | 21 | | straight-time work hours as required in this subsection shall | 22 | | be dismissed from consideration without recourse by the | 23 | | contractor and any subcontractor under him and any | 24 | | subcontractor of any tier. | 25 | | (a-0.7) To effectuate the purpose and policy of this Act, | 26 | | contractors and subcontractors under him and subcontractors of |
| | | 09700SB2943sam001 | - 7 - | LRB097 18678 JLS 65302 a |
|
| 1 | | any tier submitting bids for public works contracts must be a | 2 | | responsible bidder. | 3 | | (a-1) The public body or other entity awarding the
contract | 4 | | shall cause to be inserted in the project specifications and | 5 | | the
contract a stipulation to the
effect that not less than the | 6 | | prevailing rate of wages as found by the
public body or | 7 | | Department of Labor or determined by the court on review
shall | 8 | | be paid to all laborers, workers and mechanics performing work
| 9 | | under the contract.
| 10 | | (a-2) When a public body or other entity covered by this | 11 | | Act has awarded work to a contractor without a public bid, | 12 | | contract or project specification, such public body or other | 13 | | entity shall comply with subsection (a-1) by providing the | 14 | | contractor with written notice on the purchase order related to | 15 | | the work to be done or on a separate document indicating that | 16 | | not less than the prevailing rate of wages as found by the | 17 | | public body or Department of Labor or determined by the court | 18 | | on review shall be paid to all laborers, workers, and mechanics | 19 | | performing work on the project. | 20 | | (a-2.5) When a complaint is made and the Department of | 21 | | Labor determines that a violation occurred, the Department of | 22 | | Labor shall order the public body or other entity that awarded | 23 | | the work to pay the sum of any back wages, as determined under | 24 | | this Act, and any interest, penalties, or fines owed by the | 25 | | contractor and any subcontractor under him and any | 26 | | subcontractor of any tier to the Department. |
| | | 09700SB2943sam001 | - 8 - | LRB097 18678 JLS 65302 a |
|
| 1 | | (a-3) Where a complaint is made and the Department of Labor | 2 | | determines that a violation occurred and , the Department of | 3 | | Labor shall determine if proper written notice under this | 4 | | Section 4 was given. If proper written notice was not provided | 5 | | to the contractor by the public body or other entity, the | 6 | | Department of Labor shall order the public body or other entity | 7 | | to pay 2 times the sum of any back wages, as determined under | 8 | | this Act, and any interest, penalties , or fines to the | 9 | | Department that would have been owed by the contractor if | 10 | | proper written notice were provided. The failure by a public | 11 | | body or other entity to provide written notice does not relieve | 12 | | the contractor of the duty to comply with the prevailing wage | 13 | | rate, nor of the obligation to pay any back wages, as | 14 | | determined under this Act. For the purposes of this subsection, | 15 | | back wages shall be limited to the difference between the | 16 | | actual amount paid and the prevailing rate of wages required to | 17 | | be paid for the project. The failure of a public body or other | 18 | | entity to provide written notice under this Section 4 does not | 19 | | diminish the right of a laborer, worker, or mechanic to the | 20 | | prevailing rate of wages as determined under this Act. | 21 | | (b) It shall also be mandatory upon the contractor to whom | 22 | | the contract is
awarded
to insert into each subcontract and | 23 | | into the project specifications for each
subcontract a written | 24 | | stipulation to the effect that not less than the
prevailing
| 25 | | rate of wages shall be paid to all laborers, workers, and | 26 | | mechanics performing
work under the contract. It shall also be |
| | | 09700SB2943sam001 | - 9 - | LRB097 18678 JLS 65302 a |
|
| 1 | | mandatory upon each subcontractor to
cause to be inserted into | 2 | | each lower tiered subcontract
and into the project | 3 | | specifications for each lower tiered subcontract a
stipulation | 4 | | to the effect that not less
than the prevailing rate of wages | 5 | | shall be paid to all laborers, workers, and
mechanics | 6 | | performing work under the contract. A contractor or | 7 | | subcontractor who
fails to comply with this subsection (b) is | 8 | | in violation of this Act.
| 9 | | (b-1) When a contractor has awarded work to a subcontractor | 10 | | without a contract or contract specification, the contractor | 11 | | shall comply with subsection (b) by providing a subcontractor | 12 | | with a written statement indicating that not less than the | 13 | | prevailing rate of wages shall be paid to all laborers, | 14 | | workers, and mechanics performing work on the project. A | 15 | | contractor or subcontractor who fails to comply with this | 16 | | subsection (b-1) is in violation of this Act. | 17 | | (b-1.5) When a complaint is made and the Department of | 18 | | Labor determines that a violation occurred, the Department of | 19 | | Labor shall order the contractor that awarded the work to a | 20 | | subcontractor to pay the sum of any back wages, as determined | 21 | | under this Act, and any interest, penalties, or fines owed by | 22 | | the subcontractor and any subcontractor of any tier to the | 23 | | Department. | 24 | | (b-2) Where a complaint is made and the Department of Labor | 25 | | determines that a violation has occurred and , the Department of | 26 | | Labor shall determine if proper written notice under this |
| | | 09700SB2943sam001 | - 10 - | LRB097 18678 JLS 65302 a |
|
| 1 | | Section 4 was given. If proper written notice was not provided | 2 | | to the subcontractor by the contractor, the Department of Labor | 3 | | shall order the contractor to pay 2 times the sum of any back | 4 | | wages, as determined under this Act, and any interest, | 5 | | penalties, or fines to the Department that would have been owed | 6 | | by the subcontractor if proper written notice were provided. | 7 | | The failure by a contractor to provide written notice to a | 8 | | subcontractor does not relieve the subcontractor of the duty to | 9 | | comply with the prevailing wage rate, nor of the obligation to | 10 | | pay any back wages, as determined under this Act. For the | 11 | | purposes of this subsection, back wages shall be limited to the | 12 | | difference between the actual amount paid and the prevailing | 13 | | rate of wages required for the project. However, if proper | 14 | | written notice was not provided to the contractor by the public | 15 | | body or other entity under this Section 4, the Department of | 16 | | Labor shall order the public body or other entity to pay any | 17 | | interest, penalties, or fines that would have been owed by the | 18 | | subcontractor if proper written notice were provided. The | 19 | | failure by a public body or other entity to provide written | 20 | | notice does not relieve the subcontractor of the duty to comply | 21 | | with the prevailing wage rate, nor of the obligation to pay any | 22 | | back wages, as determined under this Act. For the purposes of | 23 | | this subsection, back wages shall be limited to the difference | 24 | | between the actual amount paid and the prevailing rate of wages | 25 | | required for the project. The failure to provide written notice | 26 | | by a public body, other entity, or contractor does not diminish |
| | | 09700SB2943sam001 | - 11 - | LRB097 18678 JLS 65302 a |
|
| 1 | | the right of a laborer, worker, or mechanic to the prevailing | 2 | | rate of wages as determined under this Act. | 3 | | (c) A public body or other entity shall also require in all | 4 | | contractor's and subcontractor's bonds
that the contractor or | 5 | | subcontractor include such provision as will guarantee the
| 6 | | faithful performance of such prevailing wage clause as provided | 7 | | by
contract or other written instrument. All bid specifications | 8 | | shall list the specified rates to all
laborers, workers and | 9 | | mechanics in the locality for each craft or type of
worker or | 10 | | mechanic needed to execute the contract.
| 11 | | (d) If the Department of Labor
revises the prevailing rate | 12 | | of hourly wages to be paid by the public body, the
revised rate | 13 | | shall apply to such contract, and the public body shall be
| 14 | | responsible to notify the contractor and each subcontractor, of | 15 | | the revised
rate.
| 16 | | (e) Two or more investigatory hearings under this Section | 17 | | on the issue
of establishing a new prevailing wage | 18 | | classification for a particular craft
or type of worker shall | 19 | | be consolidated in a single hearing before the
Department. Such | 20 | | consolidation shall occur whether each separate investigatory
| 21 | | hearing is conducted by a public body or the Department. The | 22 | | party requesting
a consolidated investigatory hearing shall | 23 | | have the burden of establishing that
there is no existing | 24 | | prevailing wage classification for the particular craft or
type | 25 | | of worker in any of the localities under consideration.
| 26 | | (f) It shall be mandatory upon the contractor or |
| | | 09700SB2943sam001 | - 12 - | LRB097 18678 JLS 65302 a |
|
| 1 | | construction manager
to whom a contract for public works is | 2 | | awarded to post, at a
location on the project site of the | 3 | | public works that is
easily accessible to the workers engaged | 4 | | on the project,
the prevailing wage rates for each craft or | 5 | | type of worker
or mechanic needed to execute the contract or | 6 | | project or
work to be performed. In lieu of posting on the | 7 | | project site of the public works, a contractor which has a | 8 | | business location where laborers, workers, and mechanics | 9 | | regularly visit may: (1) post in a conspicuous location at that | 10 | | business the current prevailing wage rates for each county in | 11 | | which the contractor is performing work; or (2) provide such | 12 | | laborer, worker, or mechanic engaged on the public works | 13 | | project a written notice indicating the prevailing wage rates | 14 | | for the public works project. A failure to post or provide a | 15 | | prevailing wage
rate as required by this Section is a violation | 16 | | of this Act.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-437, eff. 1-1-10.)
| 18 | | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
| 19 | | Sec. 5. Certified payroll.
| 20 | | (a) Any contractor and each subcontractor who participates | 21 | | in public works shall: | 22 | | (1) make and keep, for a period of not less
than 3 | 23 | | years from the date of the last payment on a contract or | 24 | | subcontract for public works, records of all laborers, | 25 | | mechanics, and other workers employed by them on the |
| | | 09700SB2943sam001 | - 13 - | LRB097 18678 JLS 65302 a |
|
| 1 | | project; the records shall include each worker's name, | 2 | | address, telephone number when available, social security | 3 | | number, trade, laborer, or mechanic classification or | 4 | | classifications, the hourly wages paid in each pay period, | 5 | | the number of hours worked each day, and the starting and | 6 | | ending times of work each day; and | 7 | | (2) no later than the tenth day of each calendar month | 8 | | file a certified payroll for the immediately preceding | 9 | | month with the public body in charge of the project. A | 10 | | certified payroll must be filed for only those calendar | 11 | | months during which construction on a public works project | 12 | | has occurred. The certified payroll shall consist of a | 13 | | complete copy of the records identified in paragraph (1) of | 14 | | this subsection (a) including , but may exclude the starting | 15 | | and ending times of work each day. The certified payroll | 16 | | shall be accompanied by a statement signed by the | 17 | | contractor or subcontractor or an officer, employee, or | 18 | | agent of the contractor or subcontractor which avers that: | 19 | | (i) he or she has examined the certified payroll records | 20 | | required to be submitted by the Act and such records are | 21 | | true and accurate; (ii) the hourly rate paid to each worker | 22 | | is not less than the general prevailing rate of hourly | 23 | | wages required by this Act; and (iii) the contractor or | 24 | | subcontractor is aware that filing a certified payroll that | 25 | | he or she knows to be false is a Class A misdemeanor. A | 26 | | general contractor is not prohibited from relying on the |
| | | 09700SB2943sam001 | - 14 - | LRB097 18678 JLS 65302 a |
|
| 1 | | certification of a lower tier subcontractor, provided the | 2 | | general contractor does not knowingly rely upon a | 3 | | subcontractor's false certification. Any contractor or | 4 | | subcontractor subject to this Act and any officer, | 5 | | employee, or agent of such contractor or subcontractor | 6 | | whose duty as such officer, employee, or agent it is to | 7 | | file such certified payroll who willfully fails to file | 8 | | such a certified payroll on or before the date such | 9 | | certified payroll is required by this paragraph to be filed | 10 | | and any person who willfully files a false certified | 11 | | payroll that is false as to any material fact is in | 12 | | violation of this Act and guilty of a Class A misdemeanor. | 13 | | The public body in charge of the project shall keep the | 14 | | records submitted in accordance with this paragraph (2) of | 15 | | subsection (a) for a period of not less than 3 years from | 16 | | the date of the last payment for work on a contract or | 17 | | subcontract for public works. The records submitted in | 18 | | accordance with this paragraph (2) of subsection (a) shall | 19 | | be considered public records, except an employee's | 20 | | address, telephone number, and social security number, and | 21 | | made available in accordance with the Freedom of | 22 | | Information Act. The public body shall accept any | 23 | | reasonable submissions by the contractor that meet the | 24 | | requirements of this Section.
| 25 | | (b) Upon 7 business days' notice, the contractor and each | 26 | | subcontractor shall make available for inspection and copying |
| | | 09700SB2943sam001 | - 15 - | LRB097 18678 JLS 65302 a |
|
| 1 | | at a location within this State during reasonable hours, the | 2 | | records identified in paragraph (1) of subsection (a) of this | 3 | | Section to the public body
in charge of the project, its | 4 | | officers and agents, the Director of Labor
and his deputies and | 5 | | agents, and to federal, State, or local law enforcement | 6 | | agencies and prosecutors. | 7 | | (Source: P.A. 97-571, eff. 1-1-12.)
| 8 | | (820 ILCS 130/6) (from Ch. 48, par. 39s-6)
| 9 | | Sec. 6. Any officer, agent or representative of any public | 10 | | body who willfully
wilfully violates, or willfully fails to | 11 | | comply with, any of the provisions of
this Act, and any | 12 | | contractor or subcontractor, and any officer, employee, or | 13 | | agent thereof, who as such officer, employee, or agent, has a | 14 | | duty to create, keep, maintain, or produce any record or | 15 | | document required by this Act to be created, kept, maintained, | 16 | | or produced who willfully fails to create, keep, maintain, or | 17 | | produce such record or document as or when required by this | 18 | | Act, is guilty of a Class 4 felony A misdemeanor .
| 19 | | The Department of Labor shall inquire diligently as to any | 20 | | violation
of this Act, shall institute actions for penalties | 21 | | herein prescribed,
and shall enforce generally the provisions | 22 | | of this Act. The Attorney
General shall prosecute such cases | 23 | | upon complaint by the Department or
any interested person.
| 24 | | (Source: P.A. 97-571, eff. 1-1-12.)
|
| | | 09700SB2943sam001 | - 16 - | LRB097 18678 JLS 65302 a |
|
| 1 | | (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
| 2 | | Sec. 11. No public works project shall be instituted unless | 3 | | the
provisions of this Act have been complied with. The | 4 | | provisions of this
Act shall not be applicable to Federal | 5 | | construction projects which
require a prevailing wage | 6 | | determination by the United States Secretary
of Labor. The | 7 | | Illinois Department of Labor represented by the Attorney
| 8 | | General is empowered to sue for injunctive relief against the | 9 | | awarding of
any contract or the continuation of work under any | 10 | | contract for public works
at a time when the prevailing wage | 11 | | prerequisites have not been met. Any
contract for public works | 12 | | awarded at a time when the prevailing wage prerequisites
had | 13 | | not been met shall be void as against public policy and the | 14 | | contractor
is prohibited from recovering any damages
for the | 15 | | voiding of the contract or pursuant to the terms of the | 16 | | contract.
The contractor is limited to a claim for amounts | 17 | | actually paid for labor
and materials supplied to the public | 18 | | body. Where objections to a determination
of the prevailing | 19 | | rate of
wages or a court action relative thereto is pending, | 20 | | the public body
shall not continue work on the project unless | 21 | | sufficient funds are
available to pay increased wages if such | 22 | | are finally determined or
unless the Department of Labor | 23 | | certifies such determination of the
prevailing rate of wages as | 24 | | correct.
| 25 | | Any laborer, worker or mechanic employed by the contractor | 26 | | or by any sub-contractor
under him who is paid for his services |
| | | 09700SB2943sam001 | - 17 - | LRB097 18678 JLS 65302 a |
|
| 1 | | in a sum less than the stipulated
rates for work done under | 2 | | such contract, shall
have a right of action for whatever | 3 | | difference there may be between the
amount so paid, and the | 4 | | rates provided by the contract together with
costs and such | 5 | | reasonable attorney's fees as
shall be allowed by the court. | 6 | | Such contractor or subcontractor shall also
be liable to the
| 7 | | Department of Labor for 50%
20% of
such underpayments and shall | 8 | | be additionally liable to each the laborer, worker
or mechanic | 9 | | for punitive damages in the amount of $40 per day for each day | 10 | | or portion of a day
2% of the amount of any
such penalty to the
| 11 | | State for underpayments for each month following the date of | 12 | | payment during
which such underpayments
remain unpaid. Where a | 13 | | second or subsequent action to recover underpayments is brought | 14 | | against a contractor or subcontractor and the contractor or | 15 | | subcontractor is found liable for underpayments to each any | 16 | | laborer, worker, or mechanic, the contractor or subcontractor | 17 | | shall also be liable to the Department of Labor for 75% 50% of | 18 | | the underpayments payable as a result of the second or | 19 | | subsequent action, and shall be additionally liable for | 20 | | punitive damages in the amount of $50 per day for each day or | 21 | | portion of a day 5% of the amount of any such penalty to the | 22 | | State for underpayments for each month following the date of | 23 | | payment during which the underpayments remain unpaid. A joint | 24 | | labor-management committee established pursuant to the federal | 25 | | Labor Management Cooperation Act of 1978 (Section 175a of Title | 26 | | 29 of the United States Code) may bring an action in any court |
| | | 09700SB2943sam001 | - 18 - | LRB097 18678 JLS 65302 a |
|
| 1 | | of competent jurisdiction against a public body or other entity | 2 | | covered by this Act and any contractor and any subcontractor | 3 | | under him and any subcontractor of any tier, with which the | 4 | | public body or other entity enters into a contract for public | 5 | | works, that fails to enforce or comply with any provision of | 6 | | this Act. This action shall be commenced not later than 180 | 7 | | days after the completion and acceptance of the public works by | 8 | | the public body or other entity covered by this Act. The court | 9 | | may award the joint labor-management committee reasonable | 10 | | attorney's fees and costs incurred in maintaining the action. | 11 | | The Department shall also have a right of action on behalf
of | 12 | | any individual who has a right of action under this Section. An | 13 | | action brought
to recover same shall be deemed to be a suit for | 14 | | wages, and any and all
judgments entered therein shall have the | 15 | | same force and effect as other
judgments for wages.
At the | 16 | | request of any laborer, workman or mechanic
employed by the | 17 | | contractor or by any subcontractor under him who is paid
less | 18 | | than the prevailing wage rate required by this Act, the | 19 | | Department
of Labor may take an assignment of such wage claim | 20 | | in trust for the assigning
laborer, workman or mechanic and may | 21 | | bring any legal action necessary to
collect such claim, and the | 22 | | contractor or subcontractor shall be required
to pay the costs | 23 | | incurred in collecting such claim.
| 24 | | (Source: P.A. 94-488, eff. 1-1-06.)".
|
|