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91_SB1590
LRB9112208WHcs
1 AN ACT to amend the Prevailing Wage Act by changing
2 Section 11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Prevailing Wage Act is amended by
6 changing Section 11 as follows:
7 (820 ILCS 130/11) (from Ch. 48, par. 39s-11)
8 Sec. 11. No public works project shall be instituted
9 unless the provisions of this Act have been complied with.
10 The provisions of this Act shall not be applicable to Federal
11 construction projects which require a prevailing wage
12 determination by the United States Secretary of Labor. The
13 Illinois Department of Labor represented by the Attorney
14 General is empowered to sue for injunctive relief against the
15 awarding of any contract or the continuation of work under
16 any contract for public works at a time when the prevailing
17 wage prerequisites have not been met. Any contract for
18 public works awarded at a time when the prevailing wage
19 prerequisites had not been met shall be void as against
20 public policy and the contractor is prohibited from
21 recovering any damages for the voiding of the contract or
22 pursuant to the terms of the contract. The contractor is
23 limited to a claim for amounts actually paid for labor and
24 materials supplied to the public body. Where objections to a
25 determination of the prevailing rate of wages or a court
26 action relative thereto is pending, the public body shall not
27 continue work on the project unless sufficient funds are
28 available to pay increased wages if such are finally
29 determined or unless the Department of Labor certifies such
30 determination of the prevailing rate of wages as correct.
31 Any laborer, worker or mechanic employed by any the
-2- LRB9112208WHcs
1 contractor or by any sub-contractor under him who is paid for
2 his or her services in a sum less than the stipulated rates
3 for work done under such contract, shall have a right of
4 action against his or her employer for whatever difference
5 there may be between the amount so paid, and the rates
6 provided by the contract together with costs and such
7 reasonable attorney's fees as shall be allowed by the court.
8 Such contractor or subcontractor shall also be liable to the
9 Department of Labor for 20% of such underpayments and shall
10 be additionally liable to the laborer, worker or mechanic for
11 punitive damages in the amount of 2% of the amount of any
12 such penalty to the State for underpayments for each month
13 following the date of payment during which such underpayments
14 remain unpaid. The Department shall also have a right of
15 action on behalf of any individual who has a right of action
16 under this Section. An action brought to recover same shall
17 be deemed to be a suit for wages, and any and all judgments
18 entered therein shall have the same force and effect as other
19 judgments for wages. At the request of any laborer, workman
20 or mechanic employed by any the contractor or by any
21 subcontractor under him who is paid less than the prevailing
22 wage rate required by this Act, the Department of Labor may
23 take an assignment of such wage claim in trust for the
24 assigning laborer, workman or mechanic and may bring any
25 legal action necessary against the employee's employer to
26 collect such claim, and the contractor or subcontractor shall
27 be required to pay the costs incurred in collecting such
28 claim.
29 (Source: P.A. 86-799.)