Associated Builders and Contractors, Inc. - Illinois Chapter
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Capitol News Reports

By Shattuck & Associates Consulting, Inc.

Capitol News Report: February 2018

Today, Governor Pritzker in his first day in office took his first steps towards rewarding organized labor for their active support of his election.

First, he issued Executive Order 2019-02 which requires all state agencies to immediately comply with the Project Labor Agreements Act.

In addition the Executive Order directs the Illinois Department of Labor to review all pending cases under Illinois’ various wage laws. For cases pending under the Wage Payment & Collection Act, the Department is to refer “egregious and repeated violations” to the Attorney General for prosecution and take action to ensure all other cases are proceeding to binding administrative hearings and then referred to the Attorney General for enforcement. For cases under all other wage laws, the Department is to review and assess all pending cases and take action to resolve them and refer them as quickly as possible to the Attorney General for civil prosecution.

 

The new Governor also signed SB 203 into law as PA 100-1177. The legislation amended the Prevailing Wage Act making the following changes:

  • Directs the Department of Labor to report to the General Assembly the number of people employed in public works in the State.

  • Requires the Department to study and report on the participation of females and minorities on public works projects and to create recommendations to increase female and minority participation on public works projects by county.

  • Requires the Department to create an electronic database for payrolls.

  • Requires the Department to investigate and ascertain the prevailing rate of wages for each county in the State and to publish the prevailing wage schedule ascertained on its official website no later than July 15 of each year. In a provision that permits any affected person to file an objection to the Department's published prevailing wage schedule, provides that a person filing an objection alleging that the actual percentage of laborers, workers, or mechanics that receive a collectively bargained rate of wage is below the required 30% has the burden of establishing such and must support the allegation with competent evidence.

  • Repeals a provision that requires the Department and public bodies to comply with certain notice requirements if they are unable to ascertain the prevailing rate of wage of any class of work required to be performed under a proposed contract.

This legislation is effective January 15, 2019.

Elisa Fox