1) When is the prevailing wage rate used?
2) What is the definition of a public works or related projects?
3) Are there project monetary thresholds?
4) Are any types of projects specifically exempted?
5) What is included in the calculation of wage rates?
6) Who calculates the prevailing wage rates?
7) Enforcement: what are the penalties for violations? Criminal or fines?
8) Can contractors be debarred?
9) Are there posting requirements?
10) Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
11) Record Maintenance?
12) Are there any provisions which discuss apprentices?



ILLINOIS

7) Enforcement: what are the penalties for violations? Criminal or fines?

A.) Section 11 states that the contractors found in violation of this act will be liable to the Department of Labor for 20% of the 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.

B.) 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.

C.) Any contractor or subcontractor who is found to have committed 2 or more violations within a five year period, and whose names appear on the publication, shall suffer the following consequences: 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 has an interest until five years have elapsed from the date of publication of the list containing the names of such contractor or subcontractor. An employer shall be liable to the state DOL for 50% of the amount of underpayments and shall be additionally liable for 5% of the amount of any penalty to the state for each month the violations remained unpaid.

D) 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. 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.
REFERENCES
* All of the information given above is taken directly from the Illinois Prevailing Wage Act.


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