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?
When is the prevailing wage rate used?
No information at this time
What is the definition of a public works or related projects?
A) Section 2 gives all of the relevant definitions including:
B) Public works means all fixed works constructed by any public body, other than work done directly by any public utility company, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds.
C) This includes projects financed in whole or in part with funds from the Industrial Project Revenue Bond Act, Industrial Building Revenue Bond Act, Illinois Development Finance Authority Act, Illinois Sports Facilities Authority Act, and the Build Illinois Bond Act.
D) Furthermore, this includes projects financed in whole or in part with funds from the Department of Commerce and Community Affairs under the Illinois Renewable Fuels Development Program Act.
E) This includes additional projects financed by the Illinois First Act.
F) This adds a line to the definition of Public Body to include Athe State of any officer, board of commission of the State of any political subdivision or department thereof, or any institution supported in whole or in part by public funds, authorized by law to construct public works or to enter into any contract for the construction of public works...
Are there project monetary thresholds?
There are no monetary thresholds for prevailing wages in Illinois.
Are any types of projects specifically exempted?
There are no types of projects that are exempted in Illinois.
What is included in the calculation of wage rates?
Section 2 states that The terms meaning prevailing wages mean the hourly cash wages plus fringe benefits for training and apprenticeship programs approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training, health and welfare, insurance, vacations and pensions paid generally, in the locality in which the work is being performed, to employees engaged in work of a similar character on public works.
Who calculates the prevailing wage rates?
Section 4 states that it is up to the public body to ascertain the prevailing wage rate. In the event that the public body cannot ascertain the prevailing wage rate, it is the duty of the Department of Labor to determine the rate and then notify the public body.
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.
Can contractors be debarred?
Section 11 states that, any contractor or subcontractor who is found to have committed 2 or more violations within a two 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 2 years have elapsed from the date of publication of the list containing the names of such contractor or subcontractor.
Are there posting requirements?
Section 4 includes a paragraph which states that It shall be mandatory upon the contractor or construction manager to whom a contract for public works is awarded to post, at a location on the project site of the public works that is easily accessible to the workers engages on the project, the prevailing wage rates for each craft or type of worker or mechanic needed to execute the contract or project of work to be performed. A failure to post a prevailing wage rate as required by this section is a violation of this Act. However, it is important to note that Section 4 is later revised (93-98) and the aforementioned paragraph is not included.
Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
Section 11 states that a contractor who is found guilty of a violation is liable to the Department of Labor for 20% of the underpayments involved. Other than this 20%, there is no specific fine for enforcement.
Record Maintenance?
A) Section 5 states that, "The contractor and each subcontractor or the officer of the public body in charge of the project shall make and keep, for a period of not less than 3 years, true and accurate records of the name, address, telephone number when available, social security number, and occupation of all laborers, workers and mechanics employed by them, in connection with said public work...the actual hourly wages paid in each pay period to each employee and the hours worked each day in each work week by each employee...starting and ending times of work for each employee. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract, its officers and agents, and to the Director of Labor and his deputies and agents."
B) Section 6 states that "any officer who omits the above information or who refuses to allow access is guilty of a Class B misdemeanor."
Are there any provisions which discuss apprentices?
Section 11b is "the Discharge or discipline of whistle blowers is prohibited" clause, which states that there shall be no retaliation against whistle blowers. In addition, "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."
References
* All of the information given above is taken directly from the Illinois Prevailing Wage Act.