Illinois General Assembly - Full Text of Public Act 094-0488
Illinois General Assembly

Previous General Assemblies

Public Act 094-0488




Public Act 094-0488
HB1370 Enrolled LRB094 09246 WGH 39480 b

    AN ACT concerning employment.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Prevailing Wage Act is amended by changing
Sections 6, 11, 11a, and 11b as follows:
    (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 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
to same at any reasonable hour to any person authorized to
inspect same under this Act, is guilty of a Class A B
    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. 81-992.)
    (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
    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
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.
(Source: P.A. 86-799.)
    (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 2 years have elapsed from the date of publication of the list
containing the name of such contractor or subcontractor.
(Source: P.A. 93-38, eff. 6-1-04.)
    (820 ILCS 130/11b)
    Sec. 11b. Discharge or discipline of "whistle blowers"
    (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. 88-359.)

Effective Date: 1/1/2006