Almost two years ago, I authored an article asking whether the Illinois Prevailing Wage Act was under attack (given the Illinois Department of Labor's (IDOL) lack of prevailing wage enforcement under the Rauner administration). As you may recall from my previous articles, the Illinois Prevailing Wage Act requires employers to pay the prevailing wage rate to employees employed in any public works.
Is the Prevailing Wage Act Under Attack?
As you may recall from my previous articles, the Illinois Prevailing Wage Act requires employers to pay the prevailing wage rate to employees employed in any public works. Recently, many companies have received surveys from the Illinois Department of Labor (IDOL) asking what each company pays its workers for prevailing wage and non-prevailing wage work. Additionally, for years, IDOL investigations into violations of the Act increased and became commonplace. But it appears that such investigations have tapered off to an almost non-existent state. So what is going on with the Illinois Prevailing Wage Act? It appears that the Prevailing Wage Act is under attack and certain developments may provide an explanation why.
Illinois Prevailing Wage Act - Extended Coverage???
With the recent amendments of the Illinois Prevailing Wage Act (IPWA) and the decision of the Third District of the Illinois Appellate Court in the case of Department of Labor v. Sackville Construction Inc., 402 Ill.App.3d 195 (3 rd District 2010), all companies who are receiving public funds, and not just those in the construction industry, need to be cognizant of how the Illinois Department of Labor (IDOL) is proceeding to enforce the IPWA.
Understanding the Illinois Prevailing Wage Act Part IV: Prevailing Wage Act Traps
Last month we covered the penalty provisions under the Prevailing Wage Act. In the final part of our four-part series, we will discuss two common traps that employers fall into concerning the Act: the narrow hauling exception and the seemingly private project that is partially funded with public funds.
Understanding the Illinois Prevailing Wage Act Part III: Penalty Provisions
Last month we covered the notice, posting, and reporting requirements under the Prevailing Wage Act. This month, we will cover the topic of greatest concern for employers; the penalties for violation of the Act. Specifically, we will cover penalties for first and second violations of the Act, the notice penalty, and the reporting penalty.
Understanding the Illinois Prevailing Wage Act Part II: Notice, Posting, and Reporting Requirements
This is Part II of a four-part series about the Illinois Prevailing Wage Act. Last month we addressed two Illinois Prevailing Wage Act issues: coverage under the Act and determining the appropriate prevailing wage rate. While the main requirement under the Prevailing Wage Act is the payment of the prevailing wage for all work performed on a public works project, the Act contains other important requirements that employers must follow. These additional requirements are the subject of this article.
Understanding the Illinois Prevailing Wage Act
This is Part I of a four-part series about the Illinois Prevailing Wage Act. The Illinois Prevailing Wage Act requires employers to pay the prevailing wage rate to employees employed in any public works. Employers have experienced a dramatic increase in the Illinois Department of Labor's investigations under the Act. For employers engaged in public works, proactive compliance is prudent.
