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Illinois Prevailing Wage

Illinois has no minimum dollar threshold for prevailing wage coverage. The law applies to all public works projects regardless of contract value. Public bodies must obtain prevailing wage rates from the Illinois Department of Labor and include them in all bid specifications.

Illinois has an active prevailing wage law (Illinois Prevailing Wage Act (820 ILCS 130)). Administered by Illinois Department of Labor. Certified payroll is required. Federal Davis-Bacon applies to all federal projects.

Prevailing Wage & Bidding in Illinois

Illinois enforces one of the most demanding prevailing wage regimes in the country through the Illinois Prevailing Wage Act (820 ILCS 130), administered by the Illinois Department of Labor. Critically for estimators, there is no minimum dollar threshold: every public works project is covered regardless of contract value. When you bid public work in Illinois, you must price labor to the Department's published prevailing rates for the project's county and trade, and you cannot assume a small job escapes coverage. Public bodies are required to include the rates in bid specifications and to post them at the job site.

Compliance carries real teeth. Underpayment penalties run 20% of the underpaid amount on a first offense and 50% on subsequent violations, with certified-payroll filing failures drawing up to $1,000 (first) and $2,000 (repeat). A 2025 law adds penalties specifically for failing to file certified payrolls on time, so timely electronic reporting is no longer optional housekeeping. Two violations within five years trigger a four-year debarment from public work.

When estimating, pull the current rate sheet for every classification you intend to use, include fringe benefits, and budget administrative hours for weekly certified payroll. The biggest pitfalls are misclassifying workers into lower-paid trades, omitting fringe obligations, and treating low-dollar jobs as exempt. Because debarment can remove you from the public market entirely, treat wage accuracy and payroll filing discipline as bid-protecting investments, not overhead to trim.

State Law Details

Law
Illinois Prevailing Wage Act (820 ILCS 130)
Agency
Illinois Department of Labor
Thresholds
No minimum project value threshold — applies to all public works regardless of amount
Certified Payroll
Required

Federal Davis-Bacon Coverage

The federal Davis-Bacon Act applies to all federally funded or federally assisted construction contracts over $2,000 in Illinois. This includes projects funded by federal agencies, FHWA highway projects, HUD housing, and projects receiving federal grants.

  • Threshold: $2,000 for federal contracts
  • Certified payroll (WH-347) required weekly
  • Wage determinations via SAM.gov
Search Federal Wage Determinations

Key Facts

  • No minimum dollar threshold — all public works projects covered
  • Penalties of 20% (first) to 50% (subsequent) of underpaid amounts
  • Debarment for 4 years after two violations in 5 years
  • New 2025 law adds penalties for failing to file certified payrolls on time
  • Public bodies must post prevailing wage rates at the job site

Penalties

First offense: penalty equal to 20% of total underpaid amount. Second and subsequent violations: 50% penalty. Certified payroll filing failures: up to $1,000 first offense, $2,000 for repeat offenses. Debarment for 4 years after two violations within 5 years. Discrimination penalty: $5,000 per violation.

Recent Changes

Effective June 30, 2025 (SB1344): new civil penalties for failure to file certified payrolls — up to $1,000 first offense and $2,000 for repeat offenses within 5 years, plus individual liability.

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Frequently Asked Questions

Yes. Illinois has an active state prevailing wage law: Illinois Prevailing Wage Act (820 ILCS 130). Illinois has no minimum dollar threshold for prevailing wage coverage. The law applies to all public works projects regardless of contract value. Public bodies must obtain prevailing wage rates from the Illinois Department of Labor and include them in all bid specifications.
Yes. The federal Davis-Bacon Act applies to all federally funded construction projects over $2,000 in Illinois, regardless of state law. Contractors must pay the prevailing wage rate determined by the DOL for the project location.
Yes. Illinois requires certified payroll on state prevailing wage projects. Additionally, certified payroll is always required on federal Davis-Bacon projects using form WH-347.
First offense: penalty equal to 20% of total underpaid amount. Second and subsequent violations: 50% penalty. Certified payroll filing failures: up to $1,000 first offense, $2,000 for repeat offenses. Debarment for 4 years after two violations within 5 years. Discrimination penalty: $5,000 per violation.
No. The Illinois Prevailing Wage Act applies to all public works projects regardless of contract value, so even small jobs are covered. Estimators cannot exempt low-dollar work and must price labor to the Illinois Department of Labor rates for the project's county and trade.
First offenses carry a penalty of 20% of the underpaid amount; subsequent violations rise to 50%. Certified-payroll filing failures draw up to $1,000, then $2,000. Two violations within five years trigger a four-year debarment from public contracts, plus required back wages.
A 2025 amendment adds specific penalties for failing to file certified payrolls on time. Contractors should budget administrative hours for timely weekly electronic submissions, because late filing now carries its own financial penalty separate from any underpayment of wages itself.

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