Any employer engaged in public construction work in Illinois must be intimately familiar with such developments in this developing area of law as it is far too serious to ignore.
Just when you think you have a solid understanding of Illinois’ notorious prevailing wage law, and you feel confident as to your particular obligations with regard to its record keeping requirements, the Illinois Legislature turns the table and “tweaks” the Illinois Prevailing Wage Act again. Here we go:
• Thanks to HB3237 (signed into law as Public Act 097-0571), beginning January 1, 2012, Illinois
construction contractors, developers and public bodies need to know the new changes to the Illinois
Prevailing Wage Act (“IPWA” – 820 ILCS 130/1 et. seq.).
• On May 25, 2011, the Illinois Legislature passed HB2987 (creating the Project Labor Agreements Act
– “PLAA”) which codifies into law Governor Quinn’s Executive Order on Union-Only Project Labor
Agreements (Public Act 097-0199).
• This PLAA requires all Illinois State departments, agencies, authorities, boards, or instrumentalities to
include a project labor agreement (PLA) on a public works project when that department, agency, authority,
board, or instrumentality determines that the agreement advances the State’s interest.
• The problem with this new law is that a PLA is nothing more than a pre-hire “union only” contract.
• The Illinois Procurement Code sets forth certain requirements for a bidder on a public works State
construction contract to comply with in order to be considered a “responsible bidder.” As such, a bidder
must be able to present evidence or documents to substantiate that it complies as a responsible bidder.
• One of the requirements under the Code is that the bidder must be in compliance with the Prevailing Wage
Act. Other requirements include compliance with Equal Employment Opportunity Commission provisions
pertaining to government contractors and proof of participation in US Department of Labor approved
apprenticeship and training programs.
This 90-minute webinar will educate construction related businesses throughout the United States on performing public works construction projects in and around Illinois.