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June 2014 Archives

Understanding the Illinois Prevailing Wage Act Part IV: Prevailing Wage Act Traps

Last month we covered the penalty provisions under the Prevailing Wage Act. In the final part of our four-part series, we will discuss two common traps that employers fall into concerning the Act: the narrow hauling exception and the seemingly private project that is partially funded with public funds.

Payment Cards as Wage Payment (?)

The brilliant Illinois legislature has recently recognized payroll cards as an approved method of wage payment in the State of Illinois. This measure has passed the House (House Bill 5622) after receiving prior approval from the Senate and now awaits Governor Pat Quinn's signature. The author believes that this group is the reincarnation of Nero "who fiddled while Rome burned." As presently written, the Illinois Wage Payment and Collection Act expressly provides only for the payment of wages via Cash or via Check or via Direct Deposit and makes no mention whatsoever of payroll payment cards. Obviously, this dichotomy as to what the Illinois Wage Payment and Collection Act states and what the Illinois legislature has recently done, creates a quandary.

Courts Bend the "Golden Rule"

Since I was a child back in the early 1950s, I was taught many things by my parents, including "treat others as you want to be treated" and "do not steal or take other people's property." Obviously, the Federal Court System and, specifically, U.S. District Court Judge William H. Orrick, have either never been taught these rules or they have conveniently been forgotten!

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