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Laws

Both workers and contractors are covered by federal and state laws that protect the fair bidding environment in the construction industry. Below are just a few links that can answer your questions about the specific laws governing your right to information about any government bidding policy. We encourage both contractors and workers to avail themselves of these laws.

Indiana Common Construction Wage Law
The Indiana Department of Labor is responsible for enforcing Indiana's common construction wage law which requires that workers be paid established wage rates on public works projects. If you have questions about Indiana's common construction wage, or whether your employer is paying the established wages on a public works project, please call the III FFC office at 815-254-3332.  

Illinois Prevailing Wage Act
The Illinois Prevailing Wage Act (820 ILCS 130/1 et seq.) requires contractors and subcontractors to pay laborers, workers and mechanics employed on PUBLIC WORKS construction projects 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.  

Freedom of Information Act 5 U.S.C. 552 (Federal)
This broad federal statute requires federal agencies to make government documents available to the public. It contains some exceptions to the disclosure requirements for certain kinds of confidential information.  

Illinois Freedom of Information Act
This website addresses Frequently Asked Questions by the public about the amended Freedom of Information Act, which took effect on January 1, 2010. The Act is intended to open the government to all citizens by guaranteeing access to governmental records in whatever form they are maintained. These documents give a glimpse into and shed light upon the governments' workings.   

American Recovery and Reinvestment Act
Click “Go” below to view the U.S. government’s official website related to Recovery Act spending. An overview of Davis-Bacon requirements on Recovery Act projects is available at the U.S. Department of Labor’s Wage & Hour Division website.  

Iowa Examination of Public Records
Iowa's Examination of Public Records Law states that every citizen has the right to examine and copy public records, including information stored or preserved by a state agency, unless its disclosure is specifically prohibited by law.  

Indiana Access to Public Records Act IC 5-14-3
It is the public policy of the State of Indiana that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.  

Copeland Anti-Kickback Act (Federal)
The Copeland Anti-Kickback Act makes it punishable by a fine up to $5,000 and/or by imprisonment up to five years to induce any person working on a federally funded or assisted construction project to give up any part of the compensation to which they are entitled under the Davis-Bacon Act or any other related Acts.  

"Whistle Blowers Protection" Illinois Prevailing Wage Act
(820 ILCS 130/11b) Sec. 11b. Discharge or discipline of "whistle blowers" prohibited. (a) No person shall discharge, discipline, or in any other way discriminate against, or cause to be discharged, disciplined, or discriminated against, any employee or any authorized representative of employees by reason of the fact that the employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this Act, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of this Act, or offers any evidence of any violation of this Act.  

Drug Testing of Employees of Public Works Contractors
(IC 4-13-18) The Drug Testing of Employees of Public Works Contractors law requires contractors to submit a written employee drug testing program with bids on certain public works projects. The drug testing program must satisfy certain requirements set forth in the law.   

Substance Abuse Prevention on Public Works Projects Act
(820 ILCS 265/) The Substance Abuse Prevention on Public Works Projects Act aims at protecting workers and preventing substance abuse by workers on public works projects.   

Employee Classification Act
(820 ILCS 185/)The Employee Classification Act is intended to address the practice of misclassifying employees as independent contractors in the construction industry.   

Mechanics Lien Act
(770 ILCS 60/) Any person who shall by any contract or contracts improve a lot or tract of land has a lien upon the whole of such lot or tract of land for the amount due to him or her for the material, fixtures, apparatus, machinery, services or labor, and interest at the rate of 10% per annum from the date the same is due. In 2007, the legislature amended the Mechanics Lien Act to allow rental shops lien rights for the fair market rental amount due from contractors.   

 

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