IL HB3491

Prevailing wage rates must be based on collective bargaining agreements where employers or associations representing at least 30% of workers in a trade agree, or the Department of Labor determines rates from comparable nearby localities if no such agreements exist.

Public bodies must provide written notice of prevailing wage requirements to contractors through bid specifications, purchase orders, or separate written documents, with failure to provide notice shifting liability for penalties and fines to the public body rather than the contractor.

Contractors and subcontractors must include prevailing wage stipulations in all contracts and subcontracts, post wage rates at project sites or business locations, and notify workers of required rates; failure to do so constitutes a violation of the Act.

Workers paid less than prevailing wage rates have a right of action to recover the difference between amounts paid and required prevailing rates, and contractors face penalties of 20% of underpayments to the state for first violations and 50% for subsequent violations.

Public bodies cannot opt out of prevailing wage requirements, and contracts awarded without meeting prevailing wage prerequisites are void as against public policy, with contractors limited to recovering only actual labor and materials costs.