Description
Illinois Wage Payment & Collection Act Construction Poster
Help satisfy Illinois construction jobsite posting requirements with the Illinois Wage Payment & Collection Act Construction Poster. Illinois requires primary contractors and subcontractors on certain private-sector construction projects to display a notice explaining worker rights involving unpaid wages and fringe benefits and potential liability of the primary contractor.
Poster Specifications
- Size: 11"W x 17"H
- Orientation: Portrait
- Language: Available in English or Spanish
- Format: Illinois Wage Payment and Collection Act construction notice
- Finish: Completely laminated with high-quality laminate
- Requirement: Illinois Wage Payment and Collection Act, 820 ILCS 115/13.5
Who Must Post the Illinois Wage Payment and Collection Act Construction Notice?
The notice applies to primary contractors and subcontractors on certain private-sector construction projects subject to Section 13.5 of the Illinois Wage Payment and Collection Act.
The requirement is not a general supplemental posting requirement for every Illinois workplace that uses contractors.
What Does the Illinois Construction Wage Payment Notice Explain?
The notice informs construction workers that a primary or general contractor may be responsible for unpaid wages and fringe benefits owed by a subcontractor on certain covered private construction projects.
The notice provides information concerning:
- Payment of wages and fringe benefits
- Primary contractor liability for certain subcontractor wage violations
- Projects covered by the law
- Projects excluded from the requirement
- Worker rights when wages are unpaid
- Filing a wage claim with the Illinois Department of Labor
- Bringing an applicable civil action
- Time limits for filing wage claims
- Contact information for obtaining assistance
When Can a General Contractor Be Responsible for Unpaid Wages?
Under Section 13.5 of the Illinois Wage Payment and Collection Act, a primary contractor on certain private construction projects can be liable when a subcontractor fails to pay wages or fringe benefits owed to its employees.
Depending on the circumstances, the primary contractor may be responsible for applicable unpaid wages, fringe benefits, interest, penalties, and reasonable attorney's fees.
Which Construction Projects Are Covered?
The Illinois Department of Labor notice applies to employees working for contractors and subcontractors on certain private construction projects with costs exceeding $20,000.
Contractors should review the complete requirements of Section 13.5 to determine whether a particular project is subject to the law.
Which Construction Projects Are Excluded?
Section 13.5 contains several important exceptions. The primary-contractor liability requirement does not apply to certain work, including:
- Projects valued at $20,000 or less
- Work where the general contractor is covered by an applicable collective bargaining agreement
- Certain alteration or repair work on a single-family home
- Certain alteration or repair work on a single unit in a multi-family structure
- Work performed under contracts entered into before July 1, 2022
- Certain work performed by contractors of federal, state, or local government entities
Contractors should review the current Illinois law when determining whether an exception applies to a particular project.
What Should a Worker Do if a Subcontractor Does Not Pay Wages?
An employee of a subcontractor who is not paid earned wages or fringe benefits may have rights against the primary contractor that hired the subcontractor when the project is covered by Section 13.5.
Workers may contact the Illinois Department of Labor for assistance determining whether their situation is covered and for information about filing a wage claim.
How Long Does a Worker Have to File a Claim?
For claims covered by Section 13.5, an employee may generally file a claim within three years after the wages, final compensation, or wage supplements were due.
Workers should review current Illinois requirements and applicable filing deadlines when pursuing an unpaid wage claim.
Can a Worker File a Civil Action?
Yes. Depending on the circumstances, an employee may file an applicable claim with the Illinois Department of Labor or pursue a civil action in circuit court.
Before filing a civil action against a primary contractor for unpaid wages under Section 13.5, the employee must provide written notice to the subcontractor employer and the primary contractor explaining the employee's intention to file the action and the nature and basis of the claim.
What Happens After Written Notice of an Unpaid Wage Claim?
After receiving the required written notice, the subcontractor and primary contractor generally have 10 days to resolve the claim, unless the parties agree to extend the deadline.
If the claim is not resolved within the applicable period, the employee may proceed with an applicable civil action.
The 10-day waiting period does not apply when an employee files a qualifying wage claim directly with the Illinois Department of Labor.
Where Must the Illinois Wage Payment and Collection Act Poster Be Displayed?
Every primary contractor and subcontractor subject to Section 13.5 must keep the notice posted in one or more conspicuous places accessible to laborers, workers, and mechanics at the covered job site.
Appropriate locations can include:
- Construction jobsite offices
- Job trailers
- Employee check-in areas
- Worker break areas
- Construction safety bulletin boards
- Other conspicuous jobsite locations accessible to workers
How Many Posters Are Required at a Job Site?
Only one copy of the notice is required at each covered job site, regardless of the number of primary contractors or subcontractors working at that location.
Contractors should ensure that the notice remains conspicuously displayed and readily accessible to workers throughout the covered project.
What Is the Penalty for Failing to Post the Notice?
A primary contractor or subcontractor that fails to provide the notice required by Section 13.5 may be subject to a civil penalty of up to $250 payable to the Illinois Department of Labor.
Is the Illinois Wage Payment and Collection Act Construction Poster Required?
Yes, for primary contractors and subcontractors on private-sector construction job sites covered by Section 13.5.
This is an industry- and project-specific Illinois posting requirement. It is not a supplemental poster required merely because an Illinois business uses independent contractors or other contractors.
Does This Poster Replace the General Illinois Wage Payment Notice?
No. Illinois employers have separate general workplace posting requirements involving the Wage Payment and Collection Act.
The Illinois Department of Labor's general Your Rights Under Illinois Employment Laws poster includes Wage Payment and Collection Act information required for Illinois employers.
This construction-specific poster addresses the additional requirements of Section 13.5 involving unpaid wages and primary-contractor liability on qualifying private construction projects.
Does This Replace the Illinois Employee Classification Act Poster?
No. The Illinois Employee Classification Act and the Wage Payment and Collection Act establish separate construction-industry requirements.
Construction contractors utilizing independent contractors may also be required to display the Illinois Employee Classification Act notice at applicable jobsites and contractor offices.
Illinois Workplace Compliance Resources
Labor Law Compliance Center provides Illinois employers and contractors with state and federal labor law posters, construction notices, temporary labor postings, city and local notices, and specialty compliance products. Visit our Illinois Labor Law Posters page or browse our Illinois State Specialty Posters for additional Illinois workplace compliance products.
