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- National Law Review: The Illinois Previaling Wage Act Can Lead to Costly Liability
All companies receiving public funds, not just those in the construction industry, need to be aware of how the Illinois Department of Labor (IDOL) is enforcing the Illinois Prevailing Wage Act (IPWA). The IPWA is a statute that was initially enacted more than 70 years ago, and over the years has allowed those in the construction trades to be paid no less than the general prevailing rate of wages (consisting of hourly cash wages plus fringe benefits) for work of a similar character in the county where the work is performed when working for public bodies on public projects (these rates are set by the IDOL). However, as a result of various recent amendments to the IPWA, as well as recent decisions by Illinois courts, the IDOL is significantly expanding the reach of the IPWA in a way that affects private companies on private projects. As a result, companies who have no knowledge of the IPWA may find themselves exposed to liability that they never knew existed.
- Beary Landscaping, Inc. v. Costigan: The Case for Repealing the Illinois Prevailing Wage Act
Northwestern Journal of Law & Social Policy -- Pat O’Meara, Beary Landscaping, Inc. v. Costigan: The Case for Repealing the Illinois Prevailing Wage Act, 9 Nw. J. L. & Soc. Pol'y. 390 (2014).
- Legal Brief - April 2009