ILCS » Chapter 820 · Act 130
Illinois Compiled Statutes

820 ILCS 130/3 (2026)

Not less than the general prevailing rate of hourly wages for work of a similar character on public works in the locality in which the work is performed, and not less than the general prevailing rate of hourly wages for legal holiday and overtime work, shall be paid to all laborers, workers and mechanics employed by or on behalf of any public body engaged in the construction or demolition of public works

✓ current as of May 2026
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(820 ILCS 130/3) (from Ch. 48, par. 39s-3)
    Sec. 3. Not less than the general prevailing rate of hourly wages for work of a similar character on public works in the locality in which the work is performed, and not less than the general prevailing rate of hourly wages for legal holiday and overtime work, shall be paid to all laborers, workers and mechanics employed by or on behalf of any public body engaged in the construction or demolition of public works. This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented. Only such laborers, workers and mechanics as are directly employed by contractors or subcontractors in actual construction work on the site of the building or construction job, and laborers, workers and mechanics engaged in the transportation of materials and equipment to or from the site, but not including the transportation by the sellers and suppliers or the manufacture or processing of materials or equipment, in the execution of any contract or contracts for public works with any public body shall be deemed to be employed upon public works. The wage for a tradesman performing maintenance is equivalent to that of a tradesman engaged in construction or demolition.
(Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)

    
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2001–2021 · leading case: McKinley Found. at Univ. of Illinois v. Illinois Dep't of Labor, 936 N.E.2d 708 (Ill. App. Ct. 2010).
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McKinley Found. at Univ. of Illinois v. Illinois Dep't of Labor, 936 N.E.2d 708 (Ill. App. Ct. 2010). · cites it 4× “Section 3 of the Act, in pertinent part, requires as follows: "Not less than the general prevailing rate of hourly wages for work of a similar character on public works in the locality in which the work is performed, and not less than the general prevailing rate of hourly wages…”
Hocraffer v. Trotter Gen. Contracting, Inc., 2013 IL App (3d) 120539 (Ill. App. Ct. 2013). · cites it 3× “820 ILCS 130/3 (West 2010). The statute provides: “Not less than the general prevailing rate of hourly wages for work of a similar character on public works in the locality in which the work is performed, and not less than the general prevailing rate of hourly wages for legal…”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “" 820 ILCS 130/3 (West 2016). The intricacies and specifics of how this plays out are unnecessary to detail here, but what follows is a general overview of how the process typically works, and what happened in this case.”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “” 820 ILCS 130/3 (West 2016). The intricacies and specifics of how this plays out are unnecessary to detail here, but what follows is a general overview of how the process typically works, and what happened in this case.”
Seaman v. Thompson Elec. Co., 758 N.E.2d 454 (Ill. App. Ct. 2001). “820 ILCS 130/3 (West 2000). Thus, a suit under the Act requires proof, inter alia, of the following elements: (1) that the plaintiff was employed on a “public works” project; (2) the general prevailing rate of hourly wages in the locality of the project for the work the…”
Beary Landscaping, Inc. v. Ludwig, 479 F. Supp. 2d 857 (N.D. Ill. 2007). “) Plaintiffs allege that this administrative scheme lacks a rational or reasoned basis, and further allege that it violates Section 3 of the Illinois Prevailing Wage Act, which “requires that workers engaged in construction of public works be paid ‘the general prevailing rate of…”
Illinois Landscape Contractors Ass'n v. Dep't of Labor, 866 N.E.2d 592 (Ill. App. Ct. 2007). “” 820 ILCS 130/3 (West 2004). Section 4(e) states the following: “Two or more investigatory hearings under this Section on the issue of establishing a new prevailing wage classification for a particular craft or type of worker shall be consolidated in a single hearing before the…”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “” 820 ILCS 130/3 (West 2016). The intricacies and specifics of how this plays out are unnecessary to detail here, but what follows is a general overview of how the process typically works, and what happened in this case.”
Rodriguez v. SimplexGrinnell LP (N.D. Ill. 2021). “820 ILCS 130/3 (emphasis added). So, only those laborers, workers and mechanics doing actual construction work (including maintenance) on site must be paid the prevailing wage, which leads to the question: what is construction under the Act? The Act also defines construction,…”
Seaman v. Thompson Elec. Co. (Ill. App. Ct. 2001). “820 ILCS 130/3 (West 2000). Thus, a suit under the Act requires proof, inter alia , of the following elements: (1) that the plaintiff was employed on a "public works" project; (2) the general prevailing rate of hourly wages in the locality of the project for the work the…”
Illinois Landscape Contractors Ass'n v. The Dep't of Labor (Ill. App. Ct. 2007). “" 820 ILCS 130/3 (West 2004). Section 4(e) states the following: "Two or more investigatory hearings under this Section on the issue of establishing a new prevailing wage classification for a particular craft or type of worker shall be consolidated in a single hearing before the…”
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