A.) The governmental contracting agency may withhold
from the contractor so much of the accrued payments as the governmental
contracting agency may consider necessary to pay to the laborers
and mechanics employed by the contractor or any subcontractor
on the job site the difference between the prevailing wages
and the wages received and not refunded by the laborers and
mechanics.
B.) Any contractor who:
(1) Fails to make payroll records accessible within ten days;
(2) Fails to provide information requested for the proper enforcement
of this chapter within ten days; or
(3) Fails to keep or falsifies any record required under this
chapter,
shall be assessed a penalty as provided in section 104-22(b).
C.) If any contractor interferes with or delays
any investigation by the department, the governmental contracting
agency, on receipt of written notice from the director of the
interference or delay, shall withhold from the contractor all
further payments until the director has notified the governmental
contracting agency in writing that the interference or delay
has ceased. Interference or delay includes failure to provide
requested records under section 104-3; failure to allow employees
to be interviewed during working hours on the job; and falsification
of records required under this chapter. The department shall
assess a penalty of $1,000 per project for interference or delay.
For each day thereafter that the employer fails to cooperate,
the director shall assess a penalty of $100 per project.
D.) Where the department finds that a first violation
of this chapter has been committed, the department shall assess
a penalty equal to ten per cent of the amount of back wages
found due or $25 per offense, whichever is greater.
E.) Where the department finds that a second violation
of this chapter has been committed, whether on the same contract
or another, within two years of the first notification of violation,
the department, after proper notice and opportunity for hearing,
shall order the person or firm in violation to pay a penalty
equal to the amount of back wages found due or $100 for each
offense, whichever is greater.
F.) Where the department finds that a third violation
of this chapter has been committed, whether on the same contract
or another, within two years of the second notification of violation,
the department, after proper notice and opportunity for hearing,
shall order the person or firm in violation:
(1) To pay a penalty equal to two times the amount of back wages
found due or $200 for each offense, whichever is greater; and
(2) To be suspended from doing any new work on any public work
of a governmental contracting agency for a period of three years
except as provided in section 104-25(a)(2). "New work on
any public work" includes any public works project in which
the suspended person or firm has not begun work at the job site
as of the date of the suspension order.
