justicedao/ipfs_state_laws huggingface dataset:
839-021-0365 Records Required to Be Maintained by Employers of Minors in the Entertainment Industry (1) Employers, including registered employers, employing minors in long-term employment and unregistered employers employing minors in short-term employment must maintain the following records for a period of two years from the date of initial employment: (a) Name, address and telephone number of all minors employed; (b) Total hours worked each day and each week; (c) Daily starting and quitting time; (d) Age of each minor; (e) Date authorized to employ such minors by the Bureau; (f) Rate of wage and total wages paid each week; (g) Any deductions, rebates or refunds taken from an employee's total wages and the net amount of wages paid; (h) Any payroll or other such records pertaining to the employment of minors. (2) Registered employers employing minors in a single engagement in short term employment must comply with section (1) of this rule. When, in a single engagement, the number of minors employed is more than five, the registered employer must maintain the following records for a period of two years from the date employment began on the particular engagement: (a) Total number of minors employed on the engagement; (b) Dates the minors were employed; (c) Approximate ages of the minors; (d) Date notification made to the Child Labor Unit pursuant to OAR 839-021-0320(4). Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BLI 4-1998, f. & cert. ef. 3-5-98 BL 9-1984, f. & ef. 8-7-84
839-021-0370 Records Required to Be Made Available by Employers of Minors in the Entertainment Industry All employers must make available to representatives of the Wage and Hour Division of the Bureau, records necessary to determine whether the employer is complying with OAR 839-021-0300 to 839-021-0375. Such records include, but are not limited to, the records described in 839-021-0365. Such records must be made available to such representatives for inspection and transcription during normal business hours. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 6-1988, f. & cert. ef. 4-12-88 BL 9-1984, f. & ef. 8-7-84
839-021-0375 Posting Requirements for Employers of Minors in the Entertainment Industry In addition to other postings required by law, registered employers must post the Registration Certificate in a conspicuous place at their place of business. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.315(4) & 653.320(4) History: BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 9-1984, f. & ef. 8-7-84
839-021-0490 Penalties That May Be Imposed for Violations of ORS 653.305 to 653.340 or OAR 839-021-0210 to 839-021-0248 (1) In addition to any civil penalties which may be assessed by the Commissioner pursuant to ORS 653.370, the Bureau may, at its discretion, revoke the right of an employer to hire minors in the future if it is determined by the Bureau that the employer has failed to comply with the provisions of 653.305 to 653.340 or with OAR 839-021-0210 to 839-021-0248. (2) Prior to the revocation of the right to employ minors in the future an employer may request a contested case hearing pursuant to the Administrative Procedures Act (ORS Chapter 183). Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BL 6-1988, f. & cert. ef. 4-12-88, Renumbered from 839-021-0380 BL 9-1984, f. & ef. 8-7-84
839-021-0500 Exemptions The provisions of ORS 653.305 to 653.370 and OAR 839-021-0001 to 839-021-0500 do not apply to employers employing minors in the following work or occupations: (1) Domestic work or chores in or about a private residence. (2) Newspaper carrier. (3) Newspaper vendor. (4) Persons under 18 years of age serving as a referee or assistant referee in a youth or adult recreational soccer match. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.315 & 653.355 History: BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BLI 3-2002, f. 1-23-02, cert. ef. 1-24-02 BL 6-1988, f. & cert. ef. 4-12-88
839-025-0000 Notice of Proposed Rules (1) Prior to the permanent adoption, amendment, or repeal of any rule relating to Prevailing Wage Rates on Public Works, the Bureau of Labor and Industries must give notice of intended action as required in OAR 839-002-0002. (2) The notice provisions in OAR 839-002-0002 do not apply to the determination of prevailing wage rates pursuant to ORS 279C.815(2) or to the adoption of such rates as rule amendments to OAR 839-025-0700 and 839-025-0750. Statutory/Other Authority: ORS 279 & 651.060(4) Statutes/Other Implemented: ORS 279.348 - 279.380 History: Renumbered from 839-016-0000, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BLI 9-2004, f. 7-26-04, cert. ef. 7-27-04 BLI 15-2001, f. & cert. ef. 11-14-01 Reverted to BL 3-1996, f. & cert. ef. 1-26-96 BLI 26-2000(Temp), f. 12-19-00, cert. ef. 12-20-00 thru 6-18-01 BL 3-1996, f. & cert. ef. 1-26-96 BL 4-1984, f. & ef. 3-13-84 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0003 Forms; Availability; Submittal All forms referenced in these rules may be obtained on the Bureau's website: www.oregon.gov/boli. Statutory/Other Authority: ORS 279C.808, ORS 651.060 & ORS 653.040 Statutes/Other Implemented: ORS 279C.808, ORS 651.060 & ORS 653.040 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06 Renumbered from 839-016-0003, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02
839-025-0006 Purpose and Procedure for Addition of Trade (1) As a result of technological advancements and/or policy changes, new trades periodically emerge in the construction industry. When this happens, it may be appropriate for the commissioner to add such trades into the prevailing wage rate determinations. The following procedure is designed to insure that new trades are included in prevailing wage rate determinations when appropriate. (2) Any person may request the addition of a trade by submitting a written request to the Prevailing Wage Rate Unit. This request must, at a minimum, specify: (a) Name of proposed trade; (b) Minimum education required; and (c) Description of minimum skills required and tools used. (3) The PWR Coordinator will recommend to the commissioner whether or not to conduct a complete study of the proposed trade. The requesting party will be notified in writing by the PWR Coordinator of the commissioner's decision. (4) If the PWR Coordinator conducts the requested study, the following areas, at a minimum, will be included in the review: (a) Relevant practices of the U.S. Department of Labor under the Davis-Bacon Act; (b) Whether the proposed trade is substantially different from trades included in the current wage determination; (c) The relevant prevailing practices in the State of Oregon. (5) The PWR Coordinator will submit a report and a recommendation to the commissioner. (6) The commissioner will decide whether or not to include the proposed trade. The requesting party will be notified in writing of the commissioner's decision. Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.348 - 279.380 History: Renumbered from 839-016-0006, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02 BL 3-1996, f. & cert. ef. 1-26-96 BL 4-1984, f. & ef. 3-13-84 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0007 Purpose and Procedure for Special Wage Determination (1) In planning a public works project, public agencies periodically require the use of a trade not normally included in wage determinations. Special wage determinations allow the commissioner to recognize a trade and establish a rate for it. This procedure also allows the commissioner to respond in a timely fashion to the needs of the public agency. Special wage determinations are not available when the wage determination is applicable. (2) Any public agency may submit a written request for a special wage determination to the Prevailing Wage Rate Unit. The request must contain: (a) A written description of the work to be performed; and (b) An identification of the requested trade(s). (3) Within two weeks the PWR Coordinator will recommend to the commissioner whether or not a special wage determination should be established. (4) If a special wage determination is to be allowed, the PWR Coordinator will provide the requesting agency with the instruments, procedures, and minimum requirements for conducting a wage survey. The requesting agency will conduct the wage survey in accordance with bureau procedures and submit the results to the PWR Coordinator. (5) The PWR Coordinator will review the data for methodological compliance and accuracy and submit it to the commissioner with a recommendation. (6) The commissioner will approve or disapprove the special wage determination request after considering the PWR Coordinator's recommendation. The public agency will be notified, in writing, of the commissioner's final decision. (7) If the special wage determination is approved, it is valid only for the locality specified in the special wage determination and only until the first day of July following the date of approval unless amended prior to that date. (8) A copy of the approved special wage determination will be kept on file by the PWR Coordinator and the Wage and Hour Division. Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.348 - 279.380 History: BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08 Renumbered from 839-016-0007, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02 BL 3-1996, f. & cert. ef. 1-26-96 BL 4-1984, f. & ef. 3-13-84 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0009 Procedure for Establishing Prevailing Wage Rates (1)The Labor Commissioner shall establish prevailing wage rates by: (a) Adopting the basic hourly rate of pay and fringe benefits established by a Labor organization through a collective bargaining agreement in effect for that locality and occupation. (b) When there are two or more collective bargaining agreements in effect for that locality and occupation, the Labor Commissioner shall use the highest rate of wage among collective bargaining agreements. (c) In instances when the procedure established in (a) or (b) of this subsection is not feasible, employing other methods deemed appropriate by the agency may be used, including but not limited to: (A) An independent wage survey conducted by the agency; (B) The use of wage and hour data from other state agencies, including the Oregon Employment Department and/or Department of Revenue; (C)The use of data from surveys performed by the United States Department of Labor, Wage and Hour Division; or (D) The use of an existing validated survey that includes wage and hour data reported to the agency. (d) For purposes of establishing the prevailing wage rates, the basic hourly rate of pay, fringe benefits and any hourly premium pay established by a Labor organization through a collective bargaining agreement in effect for a trade or occupation in a locality may cover all or a portion of that locality. (2) Collective bargaining agreements and union wage information must be received no less than 45 days prior to the next scheduled rate publication. The rates must be in effect on or before the next rate publication. If this information is not received by the agency within this time frame, the Labor Commissioner will use the rates included in the most recent complete submission. (3) Appeals must be submitted in writing to the agency and describe all relevant details for consideration. Statutory/Other Authority: ORS 279C.815 & ORS 651.060(4) Statutes/Other Implemented: ORS379C.800-870 & OL CH. 104, 2021. History: BLI 4-2022, adopt filed 03/24/2022, effective 04/10/2022 BLI 23-2021, temporary adopt filed 11/04/2021, effective 11/04/2021 through 04/09/2022 BLI 16-2021, temporary adopt filed 10/11/2021, effective 10/12/2021 through 04/09/2022
839-025-0025 Required Records (1) All contractors and subcontractors performing work on public works contracts subject to ORS 279C.800 to 279C.870 shall make and maintain for a period of three (3) years from the completion of work upon such public works records necessary to determine whether the prevailing rate of wage and overtime has been or is being paid to workers upon public works. (2) In addition to the Payroll and Certified Statement, Form WH-38, records necessary to determine whether the prevailing wage rate and overtime wages have been or are being paid include but are not limited to records of: (a) The name and address of each employee; (b) The work classification or classifications of each employee; (c) The rate or rates of monetary wages and fringe benefits paid to each employee; (d) The rate or rates of fringe benefit payments made in lieu of those required to be provided to each employee; (e) Total daily and weekly compensation paid to each employee; (f) The daily and weekly hours worked by each employee; (g) The written notice to employees who work on a public contract of the days per week and number of hours per day they may be required to work. (h) Apprenticeship and Training Agreements; (i) Any deductions, rebates or refunds taken from each employee's total compensation and actual wages paid; (j) Any payroll and other such records pertaining to the employment of employees upon a public work. (3) When apprentices and/or trainees are employed on a public works project, the records must clearly distinguish them from other employees. (4) When a contractor or subcontractor employs a worker on public works projects and non public works projects during the same work week and the worker is paid a rate of pay which is less than the prevailing wage rate when working on a non public works project, the contractor or subcontractor must separately record the hours worked on the public works projects and those hours worked elsewhere. Statutory/Other Authority: ORS 279.808 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.800-.870 History: BLI 4-2018, amend filed 02/22/2018, effective 02/22/2018 BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11 BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08 Renumbered from 839-016-0025, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BL 3-1996, f. & cert. ef. 1-26-96 BL 4-1984, f. & ef. 3-13-84 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0030 Records Availability (1) Every contractor and subcontractor performing work on a public works contract shall make available to representatives of the Wage and Hour Division records necessary to determine if the prevailing wage rate has been or is being paid to workers upon such public work. Such records shall be made available to representatives of the Wage and Hour Division for inspection and transcription during normal business hours. (2) The contractor or subcontractor shall make the records referred to in section (1) of this rule available within 24 hours of a request from a representative of the Wage and Hour Division or at such later date as may be specified by the division. (3) When a prevailing wage rate claim or complaint has been filed with the Wage and Hour Division or when the division has otherwise received evidence indicating that a violation has occurred and upon a written request by a representative of the Division a public works contractor or subcontractor shall send a certified copy of such contractor's or subcontractor's payroll records to the Division within ten days of receiving such request. The Division's written request for such certified copies will indicate that a prevailing wage rate claim has been filed or that the division has received evidence indicating that a violation has occurred. Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.348 - 279.380 History: BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10 BLI 18-2009(Temp), f. 8-3-09, cert. ef. 8-5-09 thru 1-31-10 Renumbered from 839-016-0030, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BL 3-1996, f. & cert. ef. 1-26-96 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0033 Posting Requirements (1) Every contractor or subcontractor must post the prevailing wage rates applicable to the project in a conspicuous place at the site of work. The posting must be easily accessible to employees working on the project. Contractors may obtain a copy of the applicable wage rates by contacting the Prevailing Wage Rate Unit or any office of the bureau. (2) When a contractor or subcontractor provides for or contributes to a health and welfare plan or pension plan for employees who are working on a public works project, the contractor or subcontractor must post a notice containing the following information: (a) A description of the plan or plans; (b) Information on how and where claims can be made; and (c) Where to obtain more information. (3) The notice required to be posted in section (2) of this rule must be posted in a conspicuous place at the site of work and be easily accessible to employees working on the project. The notice must be posted in the same location as the prevailing wage rate pursuant to section (1) of this rule. Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.348 - 279.380 History: Renumbered from 839-016-0033, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02 BL 3-1996, f. & cert. ef. 1-26-96 BL 4-1984, f. & ef. 3-13-84
839-025-0034 Establishing a Work Schedule (1) Employers must give written notice to employees who work on a public contract of the days per week and number of hours per day they may be required to work. (2) The notice required by section (1) of this rule may be given: (a) At the time the employee is hired; (b) Prior to commencing work on the contract; or (c) By posting a notice at a place frequented by and accessible to employees. (3) If an employer fails to give the notice required by section (1) of this rule, the work schedule will be presumed to be a five-day work schedule. (4) The work schedule may be changed by the employer if the change is intended to be permanent and is not designed to evade the overtime requirements of ORS 279C.540 and OAR 839-025-0050. Notice of any work schedule changes intended to be made by an employer must be provided in writing to affected employees in advance of the change. Statutory/Other Authority: ORS 279 & 651.060 Statutes/Other Implemented: ORS 279.334 History: Renumbered from 839-016-0034, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BL 1-1998, f. & cert. ef. 1-5-98 BL 3-1997(Temp), f. 7-31-97, cert. ef. 8-1-97
839-025-0038 Use of Multiple Wage Rate Determinations on Projects (1) The Bureau may authorize the use of multiple wage rate determinations on projects comprised of more than one construction type. For example, on a project consisting of the construction of both residential units and commercial space, the Bureau may authorize residential wage rates to be paid for work performed in connection with the construction of the residential units pursuant to OAR 839-025-0037 and non-residential prevailing wage rates to be paid for work performed in connection with the construction of the commercial space. (2) A public agency, developer or prime contractor may request authorization to use multiple wage determinations on a project. Requests for authorization to use multiple wage determinations on a project must be in writing and describe all relevant details of the project or proposed project. (3) The requester will be advised if the Bureau determines that multiple wage rate determinations are appropriate and may be used on a project. (4) If the Bureau determines that multiple wage rate determinations may be used on a project, continued authorization to use the multiple wage rate determinations shall be contingent upon compliance with the following requirements: (a) The project/contract specifications must clearly delineate the portions of the project subject to each applicable wage rate determination; (b) All applicable wage rate determinations must be posted at the site of work pursuant to the provisions of OAR 839-025-0033, with an explanation of the portions of the project to which each wage rate determination applies; (c) The developer or prime contractor must establish adequate controls to ensure that all workers on the project are paid in accordance with the applicable wage rates; and (d) Each and every contractor employing workers on the project must prepare, submit and maintain accurate time and payroll records to demonstrate compliance with all wage rate determinations applicable to the project. Statutory/Other Authority: ORS 279C.808 & ORS 651.060 Statutes/Other Implemented: ORS 279C.817 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 9-2018, renumbered from 839-025-0315, filed 03/23/2018, effective 03/23/2018 BLI 6-2017, minor correction filed 12/01/2017, effective 12/01/2017 BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08