Appellate Court of Illinois

In a suit for declaratory and injunctive relief relating to the raise of the prevailing rate of hourly wages applicable to plaintiff's employees, order denying defendant's motion to dismiss the complaint is affirmed as the complaint alleges an "actual controversy" stemming from the interpretation of the notice provisions of the Prevailing Wage Act. Order denying the Department's motion to dismiss plaintiff's complaint for injunctive relief is reversed where plaintiff has failed to present a valid allegation of irreparable damage. Additionally, the court: 1) affirms the circuit court's finding that plaintiff did not receive "notice" of the revised rate as prescribed by the Act; 2) affirms the judgment of the circuit court granting summary judgment to plaintiff on the issue of whether it owes any penalties, interest or liquidated damages; 3) finds that cities' failure to give plaintiff notice of the revised rate does not relieve plaintiff of its responsibility for all wages resulting from the increased rate; and 4) remands the matter to the circuit court to determine the amount of unpaid wages plaintiff owes after applying the revised increased rate.

Appellate Information

• Decided 09/21/2007
• Published 09/28/2007

Judges

Court

• Appellate Court of Illinois

Counsel