justicedao/ipfs_state_laws huggingface dataset:
839-025-0043 Frequency of Payment of Fringe Benefits (1) Contributions made by a contractor or subcontractor to a bona fide fringe benefit plan, fund, or program must be made on a regular basis and not less often than quarterly. (a) “Regular basis” means either the schedule of contribution as provided in writing in the plan, fund or program, or if none, the regular contribution schedule established by the contractor or subcontractor pursuant to subsection (b) of this section. For example, if the plan specifies that contributions to a bona fide fringe benefit fund be made by the fifteenth calendar day of each month following the month the wages were earned, then contributions to the fund must be made by that date. (b) If the plan, fund or program does not specify a contribution date, or if the specified contribution date as written in the plan, fund or program does not meet the meaning of “not less often than quarterly,” as defined below, the contractor or subcontractor must establish and maintain a contribution date by which payment to the plan, fund or program will be made on a regular basis and not less often than quarterly. (c) “Not less often than quarterly” means that the fringe benefit portion of wages must be contributed to a bona fide fund, plan or program at least once every three months within an established consecutive twelve month period. The contribution must represent payment to the fund, plan or program for amounts earned in the three month period immediately prior to the contribution date. (A) An established twelve month period may be a calendar year, fiscal year, plan year, or other consecutive twelve month period as determined by the employer. The beginning of the twelve month period may be changed only if the change is intended to be permanent, and is not designed to evade the timely payment of contributions into a bona fide fund, plan or program. If an employer does not determine a consecutive twelve month period, the default period shall be a calendar year; that is, from 12:00 midnight on January 1 to 11:59 p.m. December 31, each year. (B) As an example, using the calendar year as the established consecutive twelve month period, a contractor or subcontractor establishes a contribution date of April 15 for the payment of fringe benefits earned between January 1 and March 31 into the plan, fund or program; consequently, amounts earned between April 1 and June 30 must be contributed into the plan, fund or program on or before July 15; amounts earned between July 1 and September 30 must be contributed into the plan, fund or program on or before October 15; and amounts earned between October 1 and December 31 must be contributed into the plan, fund or program on or before January 15. (2) Payments of fringe benefits made directly to the worker in lieu of payment of fringe benefits to a plan, fund, or program must be paid to the worker as wages on the regularly scheduled pay date. Statutory/Other Authority: ORS 651.060(4) & 279C.808 Statutes/Other Implemented: ORS 279C History: BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14 Renumbered from 839-016-0043, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BL 1-1998, f. & cert. ef. 1-5-98
839-025-0045 Youth Apprentices Youth apprentices, as defined in ORS 344.745, shall not be employed on public works projects (Reference: 344.750(5)). Statutory/Other Authority: ORS 279C.808 & ORS 651.060 Statutes/Other Implemented: ORS 279C.800 - 279C.870 History: BLI 20-2024, amend filed 10/18/2024, effective 10/21/2024 Renumbered from 839-016-0045, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BL 3-1996, f. & cert. ef. 1-26-96
839-025-0050 Overtime Wages Computations (1) As used in this rule "work day" or "day" means any time period of 24 consecutive hours as determined by the employer. The beginning of the work day may be changed only if the change is intended to be permanent, if the change is made in writing and if the change is not designed to evade the overtime requirements of ORS 279C.540. If an employer does not determine a 24 consecutive hour period, the default 24 consecutive hour period shall be from 12:00 midnight to 11:59 p.m. For purposes of overtime wages computation, each work day stands alone. (2) Contractors and subcontractors required by ORS 279C.540 to pay overtime wages shall pay such wages as follows: (a) Workers must be paid at least time and one-half the hourly rate of pay, excluding fringe benefits, for all hours worked: (A) On Saturdays; (B) On the following legal holidays: (i) Each Sunday; (ii) New Year's Day on January 1; (iii) Memorial Day on the last Monday in May; (iv) Independence Day on July 4; (v) Labor Day on the first Monday in September; (vi) Thanksgiving Day on the fourth Thursday in November; (vii) Christmas Day on December 25; (C) Over 40 hours in a week; and either (D) Over eight (8) hours in a day; or (E) Over 10 hours in a day provided: (i) The employer has established a work schedule of four consecutive days (Monday through Thursday or Tuesday through Friday) pursuant to OAR 839-025-0034; and (ii) The employer operates in accordance with this established work schedule. (b) Where a worker performs work in one or more classifications which provide for one or more hourly rates of pay the worker must be paid, in addition to the straight time hourly earnings for all hours worked, a sum determined by multiplying one half the weighted average of the hourly rates by the number of overtime hours worked pursuant to subsection (a) of this rule. (c) When determining the hourly wage rate for overtime purposes, the amount paid for fringe benefits shall be excluded from the computations. Though the amount paid for fringe benefits must be paid for all hours worked, such amount is not included when determining the overtime rate. For example, a worker who works a five-day work schedule and earns $15 per hour plus $3 per hour in fringe benefits and works ten hours in a day is entitled to $195 (($15/hr x 8 hours) + ($22.50/hr x 2 hours) + ($3/hr x 10 hours) = $195) for that day. (3) Examples of computing overtime wages: See Appendix 3. [ED. NOTE: Appendices referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 279 & 651.060 Statutes/Other Implemented: ORS 279.334 History: BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11 Renumbered from 839-016-0050, 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 BL 4-1984, f. & ef. 3-13-84 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0054 Exemption from Overtime Pay Requirements on Public Improvement Projects (1) As used in ORS 279C.540(4) and in this rule, unless the context requires otherwise: (a) "A collective bargaining agreement in effect" means a collective bargaining agreement which is recognized as being binding on all parties by the National Labor Relations Board; which is enforceable within the geographic area in which the public improvement is located; and, the terms of which extend to workers who are working on the public improvement project; (b) "Labor organization" means any organization certified as such by the National Labor Relations Board. (2) ORS 279C.540(4) provides an exemption from the overtime pay requirements of ORS 279C.540(1), (2) and (3) under the following circumstances: (a) The contract on which work is performed is a public improvement contract; and (b) The contractor is a party to a collective bargaining agreement in effect with any labor organization. (3) The exemption would not apply, for example, under the following circumstances: (a) To workers employed on a public improvement who are not covered by the terms of a collective bargaining agreement; (b) When the labor organization has no jurisdiction in the geographical area where work is being performed; (c) Any other circumstance when the terms of the collective bargaining agreement is not enforceable for workers on public improvement projects. Statutory/Other Authority: ORS 651.060 Statutes/Other Implemented: ORS 279.342 History: Renumbered from 839-016-0054, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BL 7-1992, f. & cert. ef. 6-11-92
839-025-0060 Apprentices Working upon Public Works Projects (1) Apprentices will be permitted to work upon a public works project at less than the prevailing rate of wage for the work performed when they are employed by a registered training agent pursuant to ORS 660.010(10), and are working pursuant to the standards of the apprentice’s apprenticeship program, and are individually registered in a bona fide apprenticeship program registered with: (a) The U.S. Department of Labor, Office of Apprenticeship (OA); or (b) A state apprenticeship agency recognized by the OA; or (c) If a person is employed in probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the OA or a state apprenticeship agency to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeymen in any craft classification must conform to the apprenticeship standards filed with the Oregon Apprenticeship and Training Council for the particular craft or program in which the contractor's or subcontractor's apprentices are registered. (3) The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage and Hour Division written evidence of the registration of the program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeymen hourly rates) prescribed in that program. The commissioner has prepared a form, WH-120, which can be used by contractors or subcontractors in complying with this rule. Use of this form is optional. (4) Notwithstanding section (1) of this rule, apprentices must be paid the full prevailing rate of wage when the program in which they are registered is located in a state contiguous to Oregon which does not recognize apprentices registered in a program approved by the Oregon State Apprenticeship and Training Council. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 651.060(4) Statutes/Other Implemented: ORS 279.348 History: BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11 BLI 23-2010, f. 12-30-10, cert. ef. 1-1-11 Renumbered from 839-016-0060, 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 7-1994, f. & cert. ef. 11-16-94 BL 4-1984, f. & ef. 3-13-84 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0065 Trainees Working upon Public Works Projects (1) Trainees will not be permitted to work upon a public works project at less than the prevailing rate of wage for the work performed unless they are employed by a registered training agent pursuant to ORS 660.010(10) and are individually registered in a program which has received prior approval of the U.S. Department of Labor, Bureau of Apprenticeship and Training. (2) The ratio of trainees to journeymen must not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. (3) The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage and Hour Division written evidence of the certification of the program, the registration of the trainees, and the ratios and wage rates prescribed in that program. The contractor or subcontractor may use form WH-120 for this purpose. Use of this form is optional. (4) In the event the Apprenticeship and Training Division withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable prevailing rate of wage for the work performed until an acceptable program is approved. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.348 History: BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11 Renumbered from 839-016-0065, 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 4-1984, f. & ef. 3-13-84 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0080 Liability to Workers (1) Any contractor or subcontractor or any surety thereof who fails or refuses to pay at least the prevailing wages and fringe benefits as determined by the commissioner or any overtime wages as required by ORS 279C.540 is liable to the workers affected for all the unpaid prevailing wages, including fringe benefits, and unpaid overtime wages. (2) The contractor or subcontractor or surety thereof, referred to in section (1) of this rule, is also liable to all unpaid workers for an amount equal to the unpaid prevailing wages, including fringe benefits, as liquidated damages. (3) The contractor or subcontractor or surety thereof, referred to in section (1) of this rule, is also liable to all unpaid workers for an amount equal to the unpaid overtime wages as liquidated damages, except that if the unpaid overtime results from willful falsification of payroll records, these liquidated damages shall be twice the amount of unpaid overtime. (4) Any public agency that fails to include a provision in the advertisement for bids, the request for bids, the contract specifications, the accepted bid or elsewhere in the contract documents that the contractor and any subcontractor shall comply with ORS 279C.840 shall be jointly and severally liable, with any contractor or subcontractor that had notice of the requirement to comply with ORS 279C.840, to the workers affected for any unpaid minimum wages. (5) As used in section (4) of this rule, "minimum wages" means the prevailing wage, including fringe benefits, as determined by the commissioner. "Minimum wages" does not mean overtime wages required by ORS 279C.540 nor liquidated damages referred to in sections (2) and (3) of this rule. (6) When a public works project is subject to the Davis-Bacon Act (40 U.S.C. 3141 et seq.) and a public agency fails to include the state and federal prevailing rates of wage in the specifications for the contract for public works as required under ORS 279C.830(1)(a), or fails to provide in the contract that workers on the public works project must be paid not less than the higher of the applicable state or federal prevailing rate of wage as required under ORS 279C.830(1)(d), the public agency is liable to each affected worker for: (a) The worker's unpaid minimum wages, including fringe benefits, in an amount that equals, for each hour worked, the difference between the applicable higher rate of wage and the lower rate of wage; and (b) An additional amount, equal to the amount of unpaid minimum wages due under subsection (a) of this section, as liquidated damages. Statutory/Other Authority: ORS 279 & 651.060 Statutes/Other Implemented: ORS 279.334 & 279.356 History: BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11 BLI 3-2011(Temp), f. & cert. ef. 6-8-11 thru 12-4-11 BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08 Renumbered from 839-016-0080, 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 BL 4-1984, f. & ef. 3-13-84 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0090 List of Ineligibles (1) A contractor, subcontractor or other persons and any firm, corporation, limited liability company, partnership or association in which the contractor or subcontractor has a financial interest may not receive a contract or subcontract for public works for a period of three years after the date on which the Commissioner of the Bureau of Labor and Industries publishes the contractor's or subcontractor's name on a list of persons ineligible to receive such contracts or subcontracts. (2) The list of persons ineligible to receive contracts or subcontracts on public works shall be known as the List of Ineligibles. In addition to names referred to in section (1) of this rule, the list shall contain the date the name was placed on the list and the period of time for which the person is ineligible. (3) The List of Ineligibles shall be published and amended as needed at any time. Such list shall be made available to the public as published or amended. Statutory/Other Authority: ORS 651.060(4) & ORS 279C.808 Statutes/Other Implemented: ORS 279C.860 History: BLI 4-2018, amend filed 02/22/2018, effective 02/22/2018 BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11 BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08 BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05, Renumbered from 839-016-0010 BL 4-1984, f. & cert. ef. 3-13-84 BL 14-1982, f. 10-19-82, cert. ef. 10-20-82
839-025-0095 Removal of Names from List of Ineligibles (1) The names of the contractor, subcontractor or other persons and the names of any firm, corporation, limited liability company, partnership or association in which the contractor, subcontractor or other persons have a financial interest shall remain on the list for the period of time for which the contractor, subcontractor or other person is ineligible. (2) The names referred to in section (1) of this rule shall be removed from the list after the period of time for which the contractor, subcontractor or other person is ineligible has expired. (3) The commissioner may, for good cause shown, remove a name from the list before the expiration of the period of ineligibility. If the commissioner determines good cause has been shown, the commissioner shall issue an order directing the removal of such name or names. (4) Contractors, subcontractors or other persons, or any firm, corporation, limited liability company, partnership or association in which the contractor, subcontractor or other persons have a financial interest who desire to be removed from the list before the expiration of the period of ineligibility must show good cause for such removal. Such persons may petition the commissioner at any time during the period of ineligibility. (5) In reviewing such petitions, the commissioner shall consider the following matters: (a) The past history of the petitioner in taking all necessary measures to prevent or correct violations of statutes or rules; (b) Prior violations, if any, of statutes or rules; (c) Magnitude and seriousness of the violation; (d) Other matters which indicate to the commissioner that the petitioner is not likely to violate ORS 279C.800 to 279C.870 and these rules in the future. (6) The commissioner shall grant or deny the petition. Statutory/Other Authority: ORS 651.060(4) & 279C.808 Statutes/Other Implemented: H.B. 2646, 77th Leg., Reg. Ses. (Or2013) & ORS 279C History: BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08 Renumbered from 839-016-0095, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BL 4-1984, f. & ef. 3-13-84 BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0150 Definitions Related to Installation of Art on Public Works (1) For purposes of this rule and OAR 839-025-0155, notwithstanding the definitions in 839-025-0004: (a) “Construction,” “reconstruction,” and “major renovation” do not include the installation of applied art. (b) “Worker” does not include an individual whose primary duty consists of the performance of work that is original and creative in character in a recognized field of artistic endeavor (as contrasted to work which can be produced by an individual endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination or talent of the individual. (2) The installation of applied art includes, but is not limited to, the installation of pictures (including paintings, etchings, drawings and photographs), all hangings, pieces of sculpture, statues and other artistic pieces which are independent unto themselves and are not necessary to the structural integrity of the public work. (3) Installation work necessary to the structural integrity of a public work includes, but is not limited to, the installation of windows, ceiling tiles, brick and concrete masonry, sheet metal or other fascia materials, siding of any kind, lights, support beams and any item necessary to the construction of the actual public work itself, or to the health and safety of persons who use or will use the public work. The painting of a public work, or any of its parts is considered necessary to the structural integrity of the public work. (4) Work considered to be "de minimus" means work not regulated under ORS 279C.800 to 279C.870 or these rules. Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.348 - 279.363 History: BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08 Renumbered from 839-016-0150, 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 8-1984, f. & ef. 6-21-84
839-025-0155 Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects (1) Workers engaged in the installation of art necessary to the structural integrity of the public work, as defined in these rules, must be paid no less than the applicable prevailing rate of wage as determined by the Commissioner. (2) Workers engaged in the installation of applied art, as defined in these rules, are not required to be paid the prevailing rate of wage when such work is the only work in which the worker is engaged while employed on the public work project. Such work is considered de minimus as defined in these rules. (3) Any artist whose primary duties consist of those described in OAR 839-025-0150(1)(b) is not required to be paid the prevailing rate of wage, even when the artist is engaged in the installation of art necessary to the structural integrity of the public work when the art is of the artist’s own creation. Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.342 History: BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11 Renumbered from 839-016-0155, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BL 8-1984, f. & ef. 6-21-84
839-025-0200 Fees to Be Paid by Public Agency (1) A public agency must pay a fee to the Prevailing Wage Rate Unit for every contract awarded to a contractor for a public work which is regulated under the Prevailing Wage Rate Law (ORS 279C.800 to 279C.870). (2) The amount of the fee is one tenth of one percent (.001) of the contract price. However, the fee must be no less than $250 nor more than $7,500 regardless of the contract price. (3) The public agency must pay the fee at the time the public agency notifies the commissioner under ORS 279C.835 a contract subject to the provisions of Prevailing Wage Rate law has been awarded. (4) In order to assist public agencies in the proper calculation of the fee, the bureau has prepared a form for this purpose. The form, WH-39, is available, on request, from the Prevailing Wage Rate Unit. (5) As used in this rule, "contract price" means the dollar amount of the contract on the date it was awarded to the contractor and the dollar amount of any subsequent change orders or other adjustments. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 279 & 651 Statutes/Other Implemented: ORS 279.348 - 279.380 History: BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11 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 BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08 Renumbered from 839-016-0200, 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