Illinois Compiled Statutes
820 ILCS 130/9 (2026)
To effectuate the purpose and policy of this Act the Department of Labor shall, during the month of June of each calendar year, investigate and ascertain the prevailing rate of wages for each county in the State and shall publish the prevailing wage schedule ascertained on its official website no later than July 15 of each year
✓ current as of May 2026
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(820 ILCS 130/9)
(from Ch. 48, par. 39s-9)
Sec. 9.
To effectuate the purpose and policy of this Act the Department of Labor shall, during the month of June of each calendar
year, investigate and ascertain the prevailing rate of wages for each county
in the State and shall publish the prevailing wage schedule ascertained on its official website no later than
July 15 of each year. If the prevailing rate of wages is based on a collective bargaining
agreement, any increases directly ascertainable from such collective bargaining agreement shall
also be published on the website. Further, if the prevailing rate of wages is based on a collective
bargaining agreement, the explanation of classes on the prevailing wage schedule shall be
consistent with the classifications established under the collective bargaining agreement.
At any time within 30 days after the Department of Labor has published
on its official web site a prevailing wage schedule, any person affected
thereby may object in writing to the determination or such part thereof
as they may deem objectionable by filing a written notice with the
Department of Labor stating the specified grounds of the objection. A person filing an objection alleging that the actual percentage of
laborers, workers, or mechanics that receive a collectively bargained rate of wage is below the
required 30% shall have the burden of establishing such and shall support the allegation
with competent evidence. During the pendency of any objection and until final determination
thereof, the work in question shall proceed under the rate established by the Department. It shall
be the duty of the Department of Labor to set
a date for a hearing on the objection after giving written notice to the
objectors at least 10 days before the date of the hearing and said
notice shall state the time and place of such hearing. Such hearing by the Department of Labor shall be held within 45 days after the objection is filed,
and shall not be postponed or reset for a later date except upon the
consent, in writing, of all the objectors and the Department of Labor.
The Department of Labor may hear each written
objection filed separately or consolidate for hearing any one or more
written objections filed. At such hearing, the
Department of Labor shall introduce in evidence the investigation it
instituted which formed the basis of its determination, and the Department of Labor, or any interested objectors may thereafter
introduce such evidence as is material to the issue. Thereafter, the
Department of Labor, must rule upon the written objection
and make such final determination as it believes the evidence warrants and serve a copy by personal
service, registered mail, or electronic mail on all parties to the proceedings. The final
determination by the Department of Labor shall be rendered
within 30 days after the conclusion of the hearing.
If proceedings to review judicially the final determination of the
Department of Labor are not instituted as hereafter
provided, such determination shall be final and binding.
The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the Department of Labor. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by the court in
review of the final administrative decision of the
Department of Labor, may be taken by any party to the action.
Any proceeding in any court affecting a determination of the
Department of Labor shall have priority in hearing and
determination over all other civil proceedings pending in said court,
except election contests.
In all reviews or appeals under this Act, it shall be the duty of the
Attorney General to represent the Department of Labor, and defend its
determination.
(Source: P.A. 100-2, eff. 6-16-17; 100-154, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1177, eff. 6-1-19.)
Notes of Decisions
Cited in 11
cases, 2003–2019 · leading case: Brandt Constr. Co. v. Ludwig, 878 N.E.2d 116 (Ill. App. Ct. 2007).
Brandt Constr. Co. v. Ludwig, 878 N.E.2d 116 (Ill. App. Ct. 2007). “" 820 ILCS 130/9 (West 2004). As to changes in the prevailing rate, the Act provides: "If the Department of Labor revises the prevailing rate of hourly wages to be paid by the public body, the revised rate shall apply to such contract, and the public body shall be responsible to…”
Illinois Landscape Contractors Ass'n v. Dep't of Labor, 866 N.E.2d 592 (Ill. App. Ct. 2007). “ILCA’s petition requested a hearing pursuant to section 9 of the Prevailing Wage Act (820 ILCS 130/9 (West 2004)) to establish the new classifications and wage rates that reflect the actual prevailing wage for each type of work.”
Todd v. Chaviano, 2019 IL App (5th) 170081 (Ill. App. Ct. 2019). “820 ILCS 130/9 (West 2012). On November 4, 2013, Director Costigan issued a decision denying the Contractors’ request for a hearing.”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “820 ILCS 130/9 (West 2016). The Department must give objectors an administrative hearing at which both the objectors *507 *419 and the Department (or any relevant local public body) will put forth evidence supporting their respective positions.”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “June 16, 2017) (amending 820 ILCS 130/9). When we wrote that passage, we were only discussing section 9’s operations in general terms; that is, the issue of a specific date for the Department’s posting of county-by-county wage rates had not been briefed, it was not before us as…”
People ex rel. Dep't of Labor v. Skoog Landscape & Design, 337 Ill. App. 3d 232 (Ill. App. Ct. 2003). “820 ILCS 130/9 (West 1998). If a public body does not investigate and ascertain the prevailing rate during June, then the rate which the Department has set for the county in which the public body is located becomes the prevailing wage rate.”
Todd v. Chaviano, 2019 IL App (5th) 170081 (Ill. App. Ct. 2019). “In June 2013, the Department, under the authority of Director Joseph Costigan, published, pursuant to section 9 of the Act (820 ILCS 130/9 (West 2012)), prevailing wage rates on its official website.”
Todd v. Chaviano, 2019 IL App (5th) 170081 (Ill. App. Ct. 2019). “In June 2013, the Department, under the authority of Director Joseph Costigan, published, pursuant to section 9 of the Act ( 820 ILCS 130/9 (West 2012) ), prevailing wage rates on its official website.”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “See 820 ILCS 130/9 (West 2016). The Administrative Review Law applies 12 No.”
Brandt Consturction Co. v. Ludwig (Ill. App. Ct. 2007). “" 820 ILCS 130/9 (West 2004). As to changes in the prevailing rate, the Act provides: “If the Department of Labor revises the prevailing rate of hourly wages to be paid by the public body, the revised rate shall apply to such contract, and the public body shall be responsible to…”
Illinois Landscape Contractors Ass'n v. The Dep't of Labor (Ill. App. Ct. 2007). “The ALJ's decision included the following findings of fact and conclusions of law: (1) DOL does not update classifications annually and relied upon its existing classes when it reviewed the 2004 wage schedule; (2) DOL properly held this hearing upon ILCA's formal objection; (3)…”
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