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Public Act 098-0328


 

Public Act 0328 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0328
 
HB0922 EnrolledLRB098 03767 WGH 33783 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 5 and 11 as follows:
 
    (820 ILCS 130/5)  (from Ch. 48, par. 39s-5)
    Sec. 5. Certified payroll.
    (a) Any contractor and each subcontractor who participates
in public works shall:
        (1) make and keep, for a period of not less than 3
    years from the date of the last payment made before the
    effective date of this amendatory Act of the 98th General
    Assembly and for a period of 5 years from the date of the
    last payment made on or after the effective date of this
    amendatory Act of the 98th General Assembly on a contract
    or subcontract for public works, records of all laborers,
    mechanics, and other workers employed by them on the
    project; the records shall include each worker's name,
    address, telephone number when available, social security
    number, classification or classifications, the hourly
    wages paid in each pay period, the number of hours worked
    each day, and the starting and ending times of work each
    day; and
        (2) no later than the tenth day of each calendar month
    file a certified payroll for the immediately preceding
    month with the public body in charge of the project. A
    certified payroll must be filed for only those calendar
    months during which construction on a public works project
    has occurred. The certified payroll shall consist of a
    complete copy of the records identified in paragraph (1) of
    this subsection (a), but may exclude the starting and
    ending times of work each day. The certified payroll shall
    be accompanied by a statement signed by the contractor or
    subcontractor or an officer, employee, or agent of the
    contractor or subcontractor which avers that: (i) he or she
    has examined the certified payroll records required to be
    submitted by the Act and such records are true and
    accurate; (ii) the hourly rate paid to each worker is not
    less than the general prevailing rate of hourly wages
    required by this Act; and (iii) the contractor or
    subcontractor is aware that filing a certified payroll that
    he or she knows to be false is a Class A misdemeanor. A
    general contractor is not prohibited from relying on the
    certification of a lower tier subcontractor, provided the
    general contractor does not knowingly rely upon a
    subcontractor's false certification. Any contractor or
    subcontractor subject to this Act and any officer,
    employee, or agent of such contractor or subcontractor
    whose duty as such officer, employee, or agent it is to
    file such certified payroll who willfully fails to file
    such a certified payroll on or before the date such
    certified payroll is required by this paragraph to be filed
    and any person who willfully files a false certified
    payroll that is false as to any material fact is in
    violation of this Act and guilty of a Class A misdemeanor.
    The public body in charge of the project shall keep the
    records submitted in accordance with this paragraph (2) of
    subsection (a) before the effective date of this amendatory
    Act of the 98th General Assembly for a period of not less
    than 3 years, and the records submitted in accordance with
    this paragraph (2) of subsection (a) on or after the
    effective date of this amendatory Act of the 98th General
    Assembly for a period of 5 years, from the date of the last
    payment for work on a contract or subcontract for public
    works. The records submitted in accordance with this
    paragraph (2) of subsection (a) shall be considered public
    records, except an employee's address, telephone number,
    and social security number, and made available in
    accordance with the Freedom of Information Act. The public
    body shall accept any reasonable submissions by the
    contractor that meet the requirements of this Section.
    A contractor, subcontractor, or public body may retain
records required under this Section in paper or electronic
format.
    (b) Upon 7 business days' notice, the contractor and each
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in paragraph (1) of subsection (a) of this
Section to the public body in charge of the project, its
officers and agents, the Director of Labor and his deputies and
agents, and to federal, State, or local law enforcement
agencies and prosecutors.
(Source: P.A. 97-571, eff. 1-1-12.)
 
    (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
correct.
    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. The action
shall be brought within 5 years from the date of the failure to
pay the wages or compensation. 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. 94-488, eff. 1-1-06.)

Effective Date: 1/1/2014