The Illinois Prevailing Wage Act requires public bodies to pay all laborers, workers and mechanics performing work for a public works contract at least the prevailing rate of wages.  If the Department of Labor (DOL) revises the prevailing rate of wages, the public body must apply the revised rate and provide notice of the change to the contractor and each subcontractor working on a public works contract.

A recent amendment to the Prevailing Wage Act, Public Act 97-0964 provides that public bodies may now provide the required notice regarding revisions in the prevailing wage rate by inserting a provision in the contract that states that the prevailing wage rates are revised by the DOL and available on its website.  Thus, public bodies would not be required to provide notice every time the DOL revises a rate.  Instead, the provision in the contract serves as the required notice.

Given this recent amendment, public bodies should include such a provision in all public works contracts.