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Marc R. Poulos
Executive Director
Robert L. Bacon).
Little Davis-Bacon
State prevailing wage laws, including the Illinois Prevailing
2.
3.
Coverage Cont.
In addition to the enumerated funding mechanisms (i.e. the
Illinois Finance Authority in McKinley Foundation v. Illinois Dept.
of Labor), the PWA covers:
Coverage Cont.
All work performed pursuant to a public private
CONTRACT STIPULATIONS:
Public Bodies, Sec. 4
Public Body must ascertain general prevailing
wages.
Public bodies must insert a prevailing wage
stipulation into the bid specifications and contract.
Public bodies must provide written notice to the
to the contractor indicating prevailing wage
CONTRACT STIPULATIONS:
Contractors, Sec. 4
Contractors must insert a written prevailing wage
stipulation into each lower tier contract
Contractors must have a prevailing wage
stipulation in all bonds
Contractors must provide subcontractors with a
written statement indicating prevailing wage
applies
P.A. 96-437, eff. Jan 1, 2010
POSTING, Sec.4
As of June 1, 2004, Contractors must post prevailing wage
rates.
Where must rates be posted?
On the job site in a place that is easily accessible;
At a regularly visited office; or
Provide written notice
Material Tester I
Material Tester I: Hand coring and drilling for testing of
Material Tester II
Material Tester II: Field inspection of welds, structural
number
Classification(s)
Hourly wages and O/T wages paid in each pay period,
the hours worked each day for each worker
performing work in a prevailing wage classification on
the site of the construction project
The start and end times of work each day
the contractor which avers that the records are true and
accurate, appropriate prevailing wages were paid and
the contractor is aware that filing false certified payroll
is a Class A misdemeanor
VIOLATIONS, Sec.6
Public bodies and contractors are liable if they willfully
Enforcement
IDOL has a statutory obligation to investigate all
complaints
Attorney General shall prosecute cases upon complaint
from the IDOL or any interested person
The RATERATERATE
As mentioned, the prevailing rate is not a Union
rate. In fact, in 1997 and 1998 the IDOL conducted a
statewide survey for each County. First, the IDOL
ascertained projects by contacting 2,059 public
bodies across the state. From that information, the
IDOL contacted 5,067contractors and subcontractors
to ascertain the wage classifications and rates paid on
the projects. Then, the IDOL compiled collective
bargaining agreements. From that information, the
prevailing wages for each County were extrapolated.
IDOL ENFORCEMENT
The IDOL can and will interview workers
The IDOL can and will issue subpoenas
In the past, subpoenas resulted in delay/litigation as
contractors refused to turn over records
Current policy is to issue a notice of violation re: recordkeeping/failure to respond
AG will pursue criminal violations at direction of IDOL
ADMINISTRATIVE CODE
56 Ill. Adm. Code 100
Factors IDOL considers on whether issue a notice of violation:
Severity - whether there has been more than one violation and
whether the violation involves a non-technical substantive error, i.e.
willful conduct;
Frequency and duration - whether a general inspection of the
contractors history reveals other violations;
Amount in controversy - The difference between the amount actually
paid and the prevailing wage rate, no set dollar amount triggers;
Accurate Records - whether the contractor has cause to be kept
accurate records;
Access - Whether the contractor has cooperated with IDOL.
PENALTIES, Sec.11
In addition to the wages the contractor is also liable to the
Compliance
The State of Illinois has regulated labor costs on pubic