Ill. Wage Suit Against Construction Co. Not Preempted

Law360 (December 3, 2019, 6:25 PM EST) -- An Illinois appellate court on Monday revived a prevailing wage lawsuit brought by the state accusing an Illinois construction company of failing to pay its workers certain benefits, saying its claims aren't preempted by the Employee Retirement Income Security Act.

The appeals court found that the Illinois Prevailing Wage Act — requiring workers employed on behalf of public bodies be paid no less than the prevailing hourly rate for similar work in the given locality — doesn't have an adequate "connection with" an ERISA benefit plan that would warrant preemption.

"Setting prevailing wages on public works projects has long been regulated...

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