All Roll Calls
Yes: 219 • No: 46
Sponsored By: Michael W. Halpin (Democratic)
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5 provisions identified: 3 benefits, 0 costs, 2 mixed.
If a contractor underpays, they owe the State 20% of the underpayment. The worker also gets punitive damages equal to 2% of that state penalty for each month the pay stays unpaid. For a second or later finding of liability, the state penalty rises to 50% of the underpayment. In those repeat cases, the worker’s monthly punitive damages are 5% of the state penalty for each month unpaid. These amounts keep growing until the underpayment is paid.
The law sets a change that only takes effect if House Bill 3638 of the 104th General Assembly becomes law. In that event, an employee, applicant, or former employee who wins a final, non‑appealable case on a contract’s validity or for defending a confidentiality agreement can recover compensatory damages, plus reasonable attorney’s fees and costs.
If you worked on a public works job and were paid less than the set prevailing wage, you can sue for the difference. You may also get court costs and reasonable lawyer fees if the court allows. You must file within five years from the date the wages were not paid. If you ask, the Department of Labor can take your claim and sue to collect it. The contractor must pay the costs of collecting that claim.
Public projects cannot start unless prevailing wage rules are met. Federal projects that require a federal wage decision are excluded. If a wage decision is under objection or in court, work must stop unless funds cover any increases or the Department certifies the wage. The Department of Labor, with the Attorney General, can sue to stop a contract or ongoing work when rules are not met. A contract awarded when the wage rules were not met is void, and the contractor cannot claim contract damages, only amounts actually paid for labor and materials.
Money the Department collects, including fees, penalties, and amounts owed under this law and the Prevailing Wage Act, goes into the Employee Classification Fund. The Department can use the fund for administration, investigations, outreach, and education, subject to approval by the General Assembly. The Department can hire investigators and staff needed to enforce these laws. Any money left in the fund at year end carries over for use the next year.
Michael W. Halpin
Democratic • Senate
Dave Vella
Democratic • House
Emanuel "Chris" Welch
Democratic • House
All Roll Calls
Yes: 219 • No: 46
Senate vote • 6/1/2025
House Floor Amendment No. 2 Senate Concurs
Yes: 45 • No: 11
House vote • 5/31/2025
House Floor Amendment No. 2 Recommends Be Adopted Rules Committee;
Yes: 5 • No: 0
House vote • 5/31/2025
Third Reading - Short Debate - Passed
Yes: 87 • No: 30
Senate vote • 5/31/2025
House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive;
Yes: 12 • No: 1
House vote • 5/30/2025
Do Pass / Short Debate Executive Committee;
Yes: 8 • No: 4
Senate vote • 4/9/2025
Third Reading - Passed;
Yes: 56 • No: 0
Senate vote • 2/20/2025
Do Pass Judiciary;
Yes: 6 • No: 0
Public Act . . . . . . . . . 104-0023
Effective Date June 30, 2025; Some provisions effective June 30, 2025 and the effective date of some provisions are conditioned on the effective date of another bill.
Governor Approved
Sent to the Governor
Passed Both Houses
Senate Concurs
House Floor Amendment No. 2 Senate Concurs 045-011-000
3/5 Vote Required
House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 012-001-000
House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
House Floor Amendment No. 2 Motion to Concur Referred to Assignments
House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Michael W. Halpin
Placed on Calendar Order of Concurrence House Amendment(s) 2 - May 31, 2025
Secretary's Desk - Concurrence House Amendment(s) 2
Third Reading - Short Debate - Passed 087-030-000
Chair Rules placed on Standard debate.
Placed on Calendar Order of 3rd Reading - Short Debate
House Floor Amendment No. 2 Adopted
House Floor Amendment No. 2 Fiscal Note Requested as Amended - Withdrawn by Rep. Blaine Wilhour
Added Alternate Chief Co-Sponsor Rep. Emanuel "Chris" Welch
House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
House Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Blaine Wilhour
House Floor Amendment No. 2 Referred to Rules Committee
House Floor Amendment No. 2 Filed with Clerk by Rep. Dave Vella
Held on Calendar Order of Second Reading - Short Debate
Engrossed
Enrolled
House Amendment 1
House Amendment 2
Introduced