Bill Text: IL HB4938 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Prevailing Wage Act. Provides that, if a laborer, mechanic, or other worker, to whom the prevailing rate of wages is required to be paid, is classified in 2 or more trade titles for any amount of time during a day on which the individual is employed on a public works project, the individual shall receive the prevailing rate of wages that is the highest among those trade titles for all hours worked that day. Provides that a laborer, mechanic, or other worker, to whom the prevailing wage is required to be paid, may be paid at an apprentice rate of pay if the laborer is enrolled in an apprenticeship and training program. Provides for the withholding of payments for violations of the Act. Makes other changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB4938 Detail]

Download: Illinois-2025-HB4938-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4938 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
820 ILCS 130/2.2 new
820 ILCS 130/2.3 new
820 ILCS 130/5.1
820 ILCS 130/11 from Ch. 48, par. 39s-11
Amends the Prevailing Wage Act. Provides that, if a laborer, mechanic, or other worker, to whom the prevailing rate of wages is required to be paid, is classified in 2 or more trade titles for any amount of time during a day on which the individual is employed on a public works project, the individual shall receive the prevailing rate of wages that is the highest among those trade titles for all hours worked that day. Provides that a laborer, mechanic, or other worker, to whom the prevailing wage is required to be paid, may be paid at an apprentice rate of pay if the laborer is enrolled in an apprenticeship and training program. Provides for the withholding of payments for violations of the Act. Makes other changes. Effective immediately.
LRB104 19472 SPS 32920 b
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevailing Wage Act is amended by changing
Sections 5.1 and 11 and by adding Sections 2.2 and 2.3 as
follows:
(820 ILCS 130/2.2 new)
Sec. 2.2. Multiple classifications. Except as provided in
Section 2.3, if a laborer, mechanic, or other worker, to whom
the prevailing rate of wages is required to be paid, is
classified in 2 or more trade titles for any amount of time
during a day on which the individual is employed on a public
works project, the individual shall receive the prevailing
rate of wages that is the highest among those trade titles for
all hours worked that day.
(820 ILCS 130/2.3 new)
Sec. 2.3. Apprentices. A laborer, mechanic, or other
worker, to whom the prevailing wage is required to be paid, may
be paid at an apprentice rate of pay, including hourly cash
wages plus full journeyman annualized fringe benefits as set
forth in this Act, if the laborer is enrolled in an
apprenticeship and training program approved by and registered

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with the United States Department of Labor's Bureau of
Apprenticeship and Training. The cash wage portion of the
prevailing rate of wages for an apprentice shall be at the rate
established by the apprenticeship and training program. Any
laborer, mechanic, or other worker who is not properly
registered as an apprentice or who is working out of the ratio
established by the apprenticeship and training program shall
be paid as a journeyman. A laborer, mechanic, or other worker
shall only be paid at an apprentice rate of pay for work
performed under one trade title classification on a project.
If a laborer, mechanic, or other worker is classified in any
other trade title during the project or an associated project
subject to this Act, then the individual shall be paid as a
journeyman in that other trade.
(820 ILCS 130/5.1)
Sec. 5.1. Electronic database. The Department shall
develop and maintain an electronic database capable of
accepting and retaining certified payrolls submitted under
this Act no later than April 1, 2020. The database shall accept
certified payroll forms provided by the Department that are
fillable and designed to accept electronic signatures.
Beginning January 1, 2022, the Department shall make
accessible to the public on its website by the 16th day of each
month following the month the work was performed the following
information from certified payrolls submitted under this Act:

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each worker's (i) classification or classifications, (ii)
skill level, such as apprentice or journeyman, (iii) gross
wages paid in each pay period, (iv) number of hours worked each
day, (v) starting and ending times of work each day, (vi)
hourly wage rate, (vii) hourly overtime wage rate, and (viii)
hourly fringe benefit rate, and (ix) the first and last name of
each payee. The database shall be searchable by contractor
name, project name, county in which the work was performed,
and contracting public body.
(Source: P.A. 102-332, eff. 8-6-21.)
(820 ILCS 130/11) (from Ch. 48, par. 39s-11)
Sec. 11. No public works project shall be instituted
unless the provisions of this Act have been complied with. The
provisions of this Act shall not be applicable to federal
construction projects that require a prevailing wage
determination by the United States Secretary of Labor, except
as described in Section 2. The Illinois Department of Labor
represented by the Attorney General is empowered to sue for
injunctive relief against the awarding of any contract or the
continuation of work under any contract for public works at a
time when the prevailing wage prerequisites have not been met.
Any contract for public works awarded at a time when the
prevailing wage prerequisites had not been met shall be void
as against public policy and the contractor is prohibited from
recovering any damages for the voiding of the contract or

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pursuant to the terms of the contract. The contractor is
limited to a claim for amounts actually paid for labor and
materials supplied to the public body. If the Department of
Labor determines that a violation has occurred, in addition to
any other remedies available under this Act and any other law,
the Department shall notify the Comptroller of the violation
and, until the matter is resolved to the satisfaction of the
Department of Labor, the Comptroller shall withhold any and
all payments associated with the work. Any withholding made in
accordance this Section is not subject to any penalty for late
payment under the State Prompt Payment Act. Where objections
to a determination of the prevailing rate of wages or a court
action relative thereto is pending, the public body shall not
continue work on the project unless sufficient funds are
available to pay increased wages if such are finally
determined or unless the Department of Labor certifies such
determination of the prevailing rate of wages as correct.
Any laborer, worker or mechanic employed by the contractor
or by any sub-contractor under him who is paid for his services
in a sum less than the prevailing rates for work done under
such contract, shall have a right of action for whatever
difference there may be between the amount so paid, and the
rates provided by the contract together with costs and such
reasonable attorney's fees as shall be allowed by the court.
Such contractor or subcontractor shall also be liable to the
Department of Labor for 20% of such underpayments and shall be

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additionally liable to the laborer, worker or mechanic for
punitive damages in the amount of 2% of the amount of any such
penalty to the State for underpayments for each month
following the date of payment during which such underpayments
remain unpaid. Where a second or subsequent action to recover
underpayments is brought against a contractor or subcontractor
and the contractor or subcontractor is found liable for
underpayments to any laborer, worker, or mechanic, the
contractor or subcontractor shall also be liable to the
Department of Labor for 50% of the underpayments payable as a
result of the second or subsequent action, and shall be
additionally liable for 5% of the amount of any such penalty to
the State for underpayments for each month following the date
of payment during which the underpayments remain unpaid. The
Department shall also have a right of action on behalf of any
individual who has a right of action under this Section. An
action brought to recover same shall be deemed to be a suit for
wages, and any and all judgments entered therein shall have
the same force and effect as other judgments for wages. The
action shall be brought within 5 years from the date of the
failure to pay the wages or compensation. At the request of any
laborer, workman or mechanic employed by the contractor or by
any subcontractor under him who is paid less than the
prevailing wage rate required by this Act, the Department of
Labor may take an assignment of such wage claim in trust for
the assigning laborer, workman or mechanic and may bring any

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legal action necessary to collect such claim, and the
contractor or subcontractor shall be required to pay the costs
incurred in collecting such claim.
All moneys owed to the Department under this Act shall be
remitted to the Employee Classification Fund, and the
Department may use those funds for the purposes identified in
Section 50 of the Employee Classification Act.
(Source: P.A. 103-48, eff. 1-1-24; 104-23, eff. 6-30-25;
104-160, eff. 8-14-25; revised 9-12-25.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.