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Employment of Illinois Workers on Public Works Act FAQ

The Frequently Asked Questions (FAQs) provided below highlight topics and specific questions that are often asked of the Illinois Department of Labor (IDOL). The information provided in the FAQs is intended to enhance public access and understanding of IDOL laws, regulations and compliance information. 

The FAQs should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules.) Individuals are urged to consult legal counsel of their choice. Court decisions may affect the interpretation and constitutionality of statutes. The Department cannot offer individuals legal advice or offer advisory opinions. If you need a legal opinion, we suggest you consult your own legal counsel. These FAQs are not to be considered complete and do not relieve employers from complying with applicable IDOL laws and regulations.

1. What is the purpose of this Act?

The General Assembly found that unemployment in the Illinois construction industry is traditionally higher in counties that border other states due to over-utilization of out-of-state laborers on public works projects as well as throughout Illinois.  This law was enacted to promote the general welfare of the people of the State of Illinois by ensuring Illinois laborers are utilized to the greatest extent possible on public works projects or improvements.  30 ILCS 570/1.1

2. What is required by the EIWPWA?

Requires contractors to use at least 90% Illinois laborers on all public works projects that receive State funds or funds administered by the State during a period of excessive unemployment. This includes public works financed in whole or in part by federal funds administered by the State of Illinois, to the extent permitted by any applicable federal law or regulation.  The applicability and effect of specific federal laws and regulations to projects will be determined by the Department during an investigation. 

3. When does the EIWPWA go into effect?

During a period of excessive unemployment. 30 ILCS 570/3. A period of excessive unemployment means any month immediately following 2 consecutive calendar months when the Illinois unemployment rate exceeds 5% as measured by the US Bureau of Labor Statistics in its monthly publication. 30 ILCS 570/1(2)

4. Who is an Illinois laborer?

Any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. 30 ILCS 570/1(1)

5. How are “public works” defined under the EIWPWA?

The EIWPWA defines “public works” as “[a]ny fixed work construction or improvement for the State of Illinois or any political subdivision of the State if that fixed work construction or improvement is funded or financed in whole or in part with State funds or funds administered by the State of Illinois.” 30 ILCS 570/1(6)

6. Does the EIWPWA apply to service contracts or purchase agreements?

No, generally the EIWPWA only applies to fixed works constructions projects and improvements of existing public works (i.e. roads, buildings, sewers, etc.) financed in whole or part with State funds or funds administered by the State of Illinois.  See the definition of Public Works.

7. Does the EIWPWA apply to all public works, including public works funded either partially or fully by federal funds?

Yes. Public works include those financed in whole or in part by federal funds administered by the State of Illinois, to the extent permitted by any applicable federal law or regulation. The applicability and effect of specific federal laws and regulations to projects will be determined by the Department during an investigation. 

8. How can a Complaint be filed?

The complaint for can be found here.  

Complete and fill out the information and submit by email to Craig.Colbrook@Illinois.gov.   

Upon receiving a complaint, the Department will first review the complaint to determine if there are grounds to conduct an investigation. Once an investigation is opened, the Department will typically notify the public body and contractor, gather all relevant contracts and documents, and may also interview workers and witnesses.   

9. What should contractors do to comply with the Act for contracts that have already been let or for agreements that are already in effect?

Contractors should review their projects for compliance and determine whether there are at least 90% Illinois laborers on the project. The Department is focused on compliance assistance for contracts and agreements that are already in effect.