Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 100 - PREVAILING WAGE HEARING PROCEDURES › Section 100.22 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Accurate records" means the payroll records required to be
				filed with the public body in charge of the project as required by Section 5 of
				the Act. Accurate records shall also mean the hourly rate paid for fringe
				benefits, including pension, health and welfare, training and vacations, and a
				designation of whether such fringe benefits were paid into a fund or paid
				directly to the employee.
"Act" means the Prevailing Wage Act [820 ILCS 130 ].
"Construction manager" includes, but is not limited to, the
				contractor, subcontractor or anyone overseeing any project covered by the Act
				for purposes of the posting requirement.
"Contract" means an agreement either written or oral or
				otherwise as agreed to between the parties.
"Decision" means that the Department has determined that a
				violation has occurred that warrants the Director or the Director's designee to
				issue a notice of violation to a contractor or subcontractor. Each specific
				finding listed in the notice of violation is a separate "Decision" that the Act
				has been violated.
"Director" means the Director of the Illinois Department of
				Labor or, at the Director's discretion, the Director's designee, deputy or
				agent.
"Employee", for purposes of the Act and this Part, means
				laborers, mechanics and other workers employed in any public works, as defined
				and covered under the Act, by anyone under contracts for public works.
"Employer", for purposes of the Act and this Part, means
				contractors and/or subcontractors who perform public works projects subject to
				the Act.
"Notice of second violation" is a notice issued by the
				Department advising a contractor or subcontractor that a violation as defined
				in this Section has occurred within five years from the date of the notice of
				first violation.
"Notice of violation" means the formal written notice to a
				contractor or subcontractor that the Department has made a decision that the
				contractor or subcontractor has violated the Act.
"Prevailing hourly rate of wages" means the hourly cash wages
				plus fringe benefits for health and welfare, insurance, training, vacations and
				pensions paid most frequently (numerically most occurring), in the county in
				which the public works is performed, to employees engaged on public works, as
				determined by the public body awarding the contract or the most recent revision
				as determined by the Department of Labor effective prior to the date when the
				contract was let for bids or, if not let for bids, when executed; and all
				revisions by the Illinois Department of Labor when effected.
"Violation" means a written decision by the Department that a
				contractor or subcontractor has: failed or refused to pay the prevailing wage
				to one or more laborers, workers, or mechanics under a single contract or
				subcontract as required by Section 3 of the Act; failed to keep accurate
				records as required by the Act or this Part; failed to produce to the
				Department accurate records or records not in compliance with the provisions of
				Section 6 of the Act; refused to submit records to the Department in response
				to a subpoena issued in accordance with Section 10 of the Act; refused to
				comply with the certified payroll provision of Section 5 of the Act; refused
				the Department access, at any reasonable hour or at any location designated by
				the Department, to inspect the contractor's or subcontractor's certified
				records and other records as required by the Act or this Part; failed to insert
				into each subcontract or lower tiered subcontract and into the project
				specifications for each subcontract or lower tiered subcontract a written
				stipulation that not less than the prevailing rate of wages be paid as required
				by Section 4 of the Act; or the contractor failed to obtain a bond that
				guarantees the faithful performance of the prevailing wage clause in the
				contract. A violation also means a written decision by the Department that a
				contractor or construction manager failed to post at a location on the project
				site of the public works the prevailing wage rates as required by Section 4 of
				the Act.