reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0043 - Frequency of Payment of Fringe Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0045 - Youth Apprentices

Current through Register Vol. 63, No. 7, July 1, 2024
Youth apprentices, as defined in ORS
				344.745, shall not be employed
				on public works construction projects (Reference:
				344.750(5)).
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.348 -
				  279.380
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0050 - Overtime Wages Computations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0054 - Exemption from Overtime Pay Requirements on Public Improvement Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0060 - Apprentices

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0065 - Trainees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.348
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0080 - Liability to Workers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0085 - Contract Ineligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under
			 the following circumstances, the commissioner, in accordance with the
			 Administrative Procedures Act, may determine that a contractor or a
			 subcontractor or a firm, limited liability company, corporation, partnership or
			 association in which the contractor or subcontractor has a financial interest
			 may not receive a contract or subcontract for a public works for a period of
			 three years:
(a) The contractor or
			 subcontractor intentionally failed or refused to pay the prevailing rate of
			 wage to workers employed on a public works project as required under ORS
			 279C.840;
(b) The contractor failed to pay to the
			 contractor's employees amounts required under ORS
			 279C.840 and a surety or another
			 person paid the amounts on the contractor's behalf;
(c) The subcontractor failed to pay the
			 prevailing rate of wage to workers employed on a public works project as
			 required under ORS 279C.840 and the contractor, a
			 surety or another person paid the amounts owed on the subcontractor's
			 behalf;
(d) The contractor or
			 subcontractor intentionally failed or refused to post the prevailing wage rates
			 as required under ORS
			 279C.840(4) and
			 these rules; or
(e) The contractor
			 or subcontractor intentionally falsified information in the certified
			 statements the contractor or subcontractor submitted under ORS
			 279C.845.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0090 - List of Ineligibles

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0095 - Removal of Names from List

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0100 - Exemptions from ORS 279C.800 to 279C.870

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All public works are regulated under ORS
			 279C.800 to
			 279C.870 except as follows:
(a) Projects for which the total price does
			 not exceed $50,000. As used in this section, the price of a project includes,
			 but is not limited to, the value of work performed by every person paid by a
			 contractor or subcontractor in any manner for the person's work on the project,
			 but does not include the value of donated materials or work performed on the
			 project by individuals volunteering to the public agency without pay. If the
			 price of a project exceeds $50,000 at any time during the project, the project
			 is not exempt from ORS
			 279C.800 to
			 279C.870.
(b) Contracts of a People's Utility District,
			 which are regulated under ORS
			 261.345.
(c) Projects for which no funds of a public
			 agency are directly or indirectly used.
(d) Projects:
(A) That are privately owned;
(B) That use funds of a private
			 entity;
(C) In which less than 25
			 percent of the square footage of a completed project will be occupied or used
			 by a public agency; and
(D) For
			 which less than $750,000 of funds of a public agency are used.
(E) For purposes of this rule, if none of the
			 square footage of a completed project will be occupied or used by a public
			 agency and no funds of a public agency are used, the provisions of paragraphs
			 (C) and (D) of this subsection will be deemed to have been met.
(e) Projects for residential
			 construction that are privately owned and that predominantly provide affordable
			 housing. As used in this paragraph:
(A)
			 "Affordable housing" means housing that serves occupants whose incomes are no
			 greater than 60 percent of the area median income or, if the occupants are
			 owners, whose incomes are no greater than 80 percent of the area median
			 income.
(B) "Predominantly" means
			 60 percent or more.
(C) "Privately
			 owned" includes:
(i) Affordable housing
			 provided on real property owned by a public agency if the real property and
			 related structures are leased to a private entity for 50 or more years;
			 and
(ii) Affordable housing owned
			 by a partnership, nonprofit corporation or limited liability company in which a
			 housing authority, as defined in ORS
			 456.005, is a general partner,
			 director or managing member and the housing authority is not a majority owner
			 in the partnership, nonprofit corporation or limited liability
			 company.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0150 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0155 - Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.342
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0200 - Fees to Be Paid by Public Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.348 -
				  279.380
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0210 - Adjustment of Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30
			 days of the final progress payment to the contractor by the public agency after
			 completion of the contract, the public agency must determine the final contract
			 price. The public agency must consider all change orders or other adjustments
			 to the contract price in making the determination.
(2) The public agency must calculate the fee
			 in accordance with OAR
			 839-025-0200(2)
			 and must credit the amount paid pursuant to
			 839-025-0200(3).
			 The difference, if any, must be determined as follows:
(a) In the case of a reduction of more than
			 $100 in the amount of the fee, the public agency may submit a request to the
			 bureau for a refund of the difference and the bureau will pay a refund to the
			 public agency;
(b) In the case of
			 an increase of more than $100 in the amount of the fee, the public agency must
			 pay the difference to the bureau.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0220 - Fees for Contract Without Specific Award Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a project is a public work subject
			 to ORS 279C.800 to
			 279C.870, but the contract is
			 awarded without stating any specific amount, the contract price for purposes of
			 calculating the fee shall be based on the amount the public agency anticipates
			 to be the guaranteed maximum amount of the project.
(2) When the contract is completed,
			 adjustments in the fees shall be calculated and paid or a refund may be
			 requested as provided in OAR
			 839-025-0210.
(3) When the public agency has not determined
			 the guaranteed maximum amount, the agency shall make a good faith estimate of
			 the contract price. The fee shall be calculated on this estimated
			 amount.
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.348 -
				  279.380
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0300 - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
No person shall take any action which circumvents the payment
				of the prevailing wage rate to workers on public works
				projects.
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.348 -
				  279.380
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0310 - Division of Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A person or public agency may not divide
			 a public works project into more than one project for the purpose of avoiding
			 compliance with ORS 279C.800 to
			 279C.870.
(b) When making a determination of whether a
			 person or public agency divided a public works project to avoid compliance with
			 ORS 279C.800 to
			 279C.870, the commissioner will
			 consider the facts and circumstances in any given situation including, but not
			 limited to, the following matters:
(A) The
			 physical separation of project structures;
(B) Whether a single public works project
			 includes several types of improvements or structures;
(C) The anticipated outcome of the particular
			 improvements or structures the agency plans to fund;
(D) Whether the structures or improvements
			 are similar to one another and combine to form a single, logical entity having
			 an overall purpose or function;
(E)
			 Whether the work on the project is performed in one time period or in several
			 phases as components of a larger entity;
(F) Whether a contractor or subcontractor and
			 their employees are the same or substantially the same throughout the
			 particular project;
(G) The manner
			 in which the public agency and the contractors administer and implement the
			 project;
(H) Other relevant matters
			 as may arise in any particular case.
(c) If the commissioner determines that a
			 person or public agency has divided a public works project for the purpose of
			 avoiding compliance with ORS
			 279C.800 to
			 279C.870, the commissioner will
			 issue a written order compelling compliance with 279C.800 to 279C.870. The
			 order will offer the person or public agency the opportunity to contest the
			 order pursuant to OAR
			 839-050-0000 through
			 839-050-0420.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0315 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  651.060(4)
				  & 279C.808
Statutes/Other Implemented: ORS
				  279C.800 -
				  279C.870
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0320 - Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided herein, no person, other than the contractor or subcontractor,
			 shall pay or contribute any portion of the prevailing rate of wage specified in
			 the contract to workers employed on the public works contract.
(2) A contractor or subcontractor violates
			 ORS 279C.840(6)(a)
			 and section (1) of this rule if another contractor, subcontractor, public
			 agency, surety, or person pays the prevailing rate of wage or contributes any
			 portion of the prevailing rate of wage that the contractor or subcontractor
			 owes or pays to its workers for labor performed on a public works
			 project.
(3) Section (1) of this
			 rule does not apply to payments to workers who are enrolled in
			 government-subsidized training or retraining programs.
(4) For purposes of this rule, a person pays
			 or contributes to the payment of the prevailing rate of wage when a contractor
			 or subcontractor receives monies pursuant to a program, plan or other agreement
			 that includes a provision that members of a labor organization contribute part
			 of their wages to the labor organization for the purpose of paying contractors
			 or subcontractors the difference in the wage rate negotiated under the
			 collective bargaining agreement and the wage rate used by the contractor or
			 subcontractor in obtaining a contract. However, a person does not pay or
			 contribute to the payment of the prevailing rate of wage when the contractor or
			 subcontractor receives monies pursuant to such program, plan or agreement if
			 the collectively bargained wage rate exceeded the prevailing rate of wage in
			 effect at the time the contractor or subcontractor made a bid on a
			 contract.
Statutory/Other Authority: ORS
				  279C.808 & ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  279C.840(6)(a)
				  & OL Ch. 334 (2017)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0330 - Wage Averaging Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 No contractor or subcontractor shall reduce a worker's regular rate of pay for
			 work on projects not subject to the Prevailing Wage Rate Law (ORS
			 279C.800 to
			 279C.870) when the reduction in
			 pay has the effect of the worker not receiving the prevailing rate of wage for
			 work performed on the public works project.
(2) As used in this rule, "regular rate" has
			 the same meaning as that defined in OAR
			 839-020-0030(2)(b).
(3) When making a determination of whether a
			 contractor or subcontractor has reduced a worker's regular rate in violation of
			 section (1) of this rule, the bureau shall consider:
(a) The timing of the wage rate
			 reduction;
(b) Whether the wage
			 rate reduction was made pursuant to an established plan;
(c) Whether the wage rate reduction is
			 applied equally to all workers in similar job classifications;
(d) Whether the wage rate reductions are
			 applied to workers employed on public works projects but not to workers
			 employed only on projects not subject to the Prevailing Wage Rate Law (ORS
			 279C.800 to
			 279C.870);
(e) Other considerations as the facts and
			 circumstances of a particular matter may reveal.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0340 - Circumventions of the Prevailing Wage Rate Law

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public agency circumvents the payment
			 of the prevailing rate of wage when it knowingly or intentionally:
(a) Fails or refuses to include a provision
			 stating the existing prevailing rate of wage in the contract specifications in
			 violation of ORS 279C.830;
(b) Fails or refuses to include a provision
			 in the contract that workers on the contract shall be paid no less than the
			 specified minimum hourly rate of wage in violation of ORS
			 279C.830;
(c) Divides a project for the purpose of
			 avoiding compliance with ORS
			 279C.800 to
			 279C.870 in violation of ORS
			 279C.827.
(d) Awards a contract to a contractor whose
			 name appears on the list of ineligibles maintained pursuant to ORS
			 279C.860.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0500 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				839-025-0500 to
				839-025-0540, a person acts
				knowingly when the person has actual knowledge of a thing to be done or omitted
				or should have known the thing to be done or omitted. A person should have
				known the thing to be done or omitted if the person has knowledge of facts or
				circumstances that would place the person on reasonably diligent inquiry. A
				person acts knowingly if the person has the means to be informed but elects not
				to do so. For purposes of the rule, the contractor, subcontractor and public
				agency are presumed to know the circumstances of the public works construction
				project.
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.348 -
				  279.380
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0510 - Violations Separate and Distinct

Current through Register Vol. 63, No. 7, July 1, 2024
Each violation is separate and distinct. In the case of
				continuing violations, each day's continuance is a separate and distinct
				violation.
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS
				  279.348 -
				  279.380
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0520 - Criteria to Determine Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commissioner shall consider the
			 following mitigating and aggravating circumstances when determining the amount
			 of any civil penalty to be assessed against a contractor, subcontractor or
			 public agency and shall cite those the commissioner finds to be applicable:
(a) The actions of the contractor,
			 subcontractor or public agency in responding to previous violations of statutes
			 and rules;
(b) Prior violations, if
			 any, of statutes and rules;
(c) The
			 opportunity and degree of difficulty to comply;
(d) The magnitude and seriousness of the
			 violation;
(e) Whether the
			 contractor, subcontractor or public agency knew or should have known of the
			 violation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0540 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The civil penalty for any one violation may not exceed $5,000. The actual
			 amount of the civil penalty will depend on all the facts and on any mitigating
			 and aggravating circumstances.
(2)
			 For purposes of this rule, "repeated violations" means violations of a
			 provision of law or rule which has been violated on more than one project
			 within two years of the date of the most recent violation.
(3) Notwithstanding any other section of this
			 rule, when the commissioner determines to assess a civil penalty for a
			 violation of ORS 279C.840 regarding the payment
			 of the prevailing rate of wage, the minimum civil penalty will be calculated as
			 follows:
(a) An equal amount of the unpaid
			 wages or $1,000, whichever is less, for the first violation;
(b) Two times the amount of the unpaid wages
			 or $3,000, whichever is less, for the first repeated violation;
(c) Three times the amount of the unpaid
			 wages or $5,000, whichever is less, for second and subsequent repeated
			 violations.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0700 - Prevailing Wage Rate Determination/Amendments to Determination.

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 279C.815, the Commissioner of
			 the Bureau of Labor and Industries has determined that the wage rates stated in
			 the publication of the Oregon Bureau of Labor and Industries entitled
Prevailing Wage Rates for Public Works Contracts
dated January
			 5, 2024, are the prevailing rates of wage for workers upon public works in each
			 trade or occupation in the locality where work is performed for the period
			 beginning January 5, 2024, and the effective dates of the Amendments to Oregon
			 Determination 2024-01 (April 5, 2024).
(2) Copies of the
Prevailing Wage
			 Rates for Public Works Contracts
dated January 5, 2024 and subsequent
			 amendment(s) are available on the bureau's webpage at
www.oregon.gov/boli
.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  651.060 & ORS
				  279C.815
Statutes/Other Implemented:
				  ORS.279C.815
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0020 - Good Faith Estimate of Work Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For new employees, the employer shall
			 provide the employee, at the time of hire, with a written good faith estimate
			 of the employee's work schedule. The good faith estimate, which must be
			 provided in the language the employer typically uses to communicate with the
			 employee, shall include the median number of hours as defined in section (3) of
			 this rule the employee can expect to work in an average one-month period, an
			 explanation of any voluntary standby list maintained by the employer pursuant
			 to ORS 653.432, and a statement
			 indicating whether an employee who is not on the voluntary standby list may
			 expect to work on-call shifts and an objective standard for those periods of
			 time in which the employer will expect the employee to be available to work on
			 an on-call basis.
(2) A good faith
			 estimate is a reasonable prediction which may be based on forecasts, prior
			 hours worked by an employee or a similarly-situated employee, or other
			 information. In the case of seasonal or episodic work, a good faith estimate
			 may be based on an employee's work schedule during a previous year.
(3) The median number of hours is the middle
			 number in an odd-numbered sequence or the average of the two middle numbers in
			 an even-numbered sequence (e.g., 4 is the median of 1, 3, 4, 10, 20; 6 is the
			 median of 1, 3, 4, 8, 9, 10). The median number of hours must be a single
			 number, not a range of numbers.
(4)
			 An objective standard is a standard based on factors or criteria that can be
			 measured or demonstrated, such as a reasonable expectation that the volume of
			 work will increase during a particular period of time based on previous
			 experience.
Statutory/Other Authority: ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  653.412 -
				  653.485
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0030 - Advance Notice of Work Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The employer shall post the written work
			 schedule, including all work shifts and on-call shifts with specific start and
			 end times for the work period covered by the schedule, in a conspicuous and
			 accessible location in the employee's workplace, both in English and in any
			 language the employer typically uses to communicate with the employees. The
			 employer must notify each employee at the time of hire of the location of the
			 work schedule. For the purposes of this rule, "a conspicuous and accessible
			 location in the employee's workplace" may include an electronic system for
			 providing work schedules as long as all employees are provided access to the
			 electronic schedule at the workplace and are able to view the work schedules of
			 all employees employed in the same location.
(2) For existing employees who are not
			 returning from a leave of absence, the employer shall provide each employee
			 with a written work schedule at least seven (7) calendar days before the first
			 day of the work schedule. Beginning on July 1, 2020, the employer shall provide
			 each employee with a written work schedule at least 14 calendar days before the
			 first day of the work schedule.
(3)
			 For new employees at time of hire and for existing employees returning to work
			 after a leave of absence, the employer, on or before the employee's first day
			 of work, may provide the employee with a written work schedule that runs
			 through the last date of the currently posted schedule. For all subsequent work
			 schedules, the employer shall provide the employee with a written work schedule
			 as required by ORS 653.436(1) and
			 section (2) of this rule. The employer may consider the following employees
			 "new employees or existing employees returning from a leave of absence":
(a) New employees at time of hire;
(b) Existing employees at time of transfer,
			 promotion, or assignment to a new job classification; and
(c) Any employee who is returning from a
			 leave of absence as defined in section (4) of this rule.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0040 - Right to Rest between Work Shifts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless the employee requests or consents
			 to work such hours, an employer may not schedule or require an employee to
			 work:
(a) Less than ten hours after the end
			 of the previous calendar day's work shift or on-call shift; or
(b) Less than ten hours following the end of
			 a work shift or on-call shift that spanned two calendar days.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0050 - Record Retention Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer is required to retain records
			 that document the employer's compliance with ORS
			 653.412 to
			 653.485 and these rules for a
			 period of not less than three years. Records may be printed or stored
			 electronically.
(2) Records to be
			 retained by the employer include, but are not limited to:
(a) The written work schedules provided by
			 the employer to employees as required by ORS
			 653.436(1) and
			 the written work schedules posted as required by ORS
			 653.436(2);
(b) An employee's written request to change
			 the employee's work schedule after the employer has provided the employee with
			 a written work schedule as required by ORS
			 653.436;
(c) A copy of the good faith estimate of the
			 employee's work schedule provided to a new employee as required by ORS
			 653.428;
(d) If, pursuant to ORS
			 653.432, the employer maintains
			 a voluntary standby list, the employer's notification to the employee about the
			 list and the employee's request or agreement to be included on the
			 list;
(e) If, pursuant to ORS
			 653.460(2), an
			 employer provides a poster giving notice of the rights described in ORS
			 653.412 to
			 653.485 to an employee on an
			 individual basis, a copy of the communication or materials provided to the
			 employee to satisfy the notice requirement or other documentation verifying
			 receipt of the poster by the employee; and,
(f) Documents demonstrating that the employer
			 had just cause to subtract hours from an employee's work schedule for
			 disciplinary reasons as required by ORS
			 653.455(3)(e).
			 For purposes of this subsection, "just cause" means conduct that is of such a
			 serious nature or extent that reducing the employee's work hours may be
			 considered an appropriate step to correct the behavior.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0060 - Employees Covered by Collective Bargaining Agreements or Other Contracts Providing Remedy Equal to or Better than Remedy in ORS 653.442 or 653.455

Current through Register Vol. 63, No. 7, July 1, 2024
An employer is not required to pay an employee the compensation
				described in ORS 653.442 or
				653.455 when the employee is
				covered by a collective bargaining agreement or other collectively-bargained
				contract that is in force at the employee's work site and that provides the
				employee a remedy equal to or better than the remedy provided by ORS
				653.442 or
				653.455.
Statutory/Other Authority: ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  653.412 -
				  653.485
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0065 - Unlawful Employment Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is an unlawful employment practice for an employer to interfere with,
			 restrain, deny, or attempt to deny the exercise of any right protected under
			 ORS 653.412 to
			 653.485.
(2) It is an unlawful employment practice for
			 an employer to retaliate or in any way discriminate against an individual with
			 respect to hire or tenure or any other term or condition of employment because
			 the individual:
(a) Has inquired about the
			 provisions of ORS 653.412 to
			 653.485;
(b) Has not requested or agreed to be added
			 to the voluntary standby list, has requested to be removed from the standby
			 list, or has declined an employer's request that the employee work additional
			 hours as a result of the employee being on the standby list;
(c) Has declined any work shifts not included
			 in the employee's written work schedule;
(d) Has requested not to be scheduled for
			 work shifts during certain times or at certain locations; or
(e) Has declined to work with less than 10
			 hours between shifts.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0120 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commissioner may assess a civil penalty for any of the following violations of
			 ORS 653.412 to
			 653.485 and these rules:
(a) Failure to provide an employee with a
			 work schedule in writing or to post a written work schedule in a conspicuous
			 and accessible location at least seven (7) calendar days before the first day
			 of the work schedule (beginning on July 1, 2020, at least 14 calendar days
			 before the first day of the work schedule);
(b) Failure to compensate an employee for an
			 employer-requested change to the employee's written work schedule without
			 advance notice;
(c) Scheduling or
			 requiring an employee to work a shift not included in the employee's written
			 work schedule;
(d) Scheduling or
			 requiring an employee to work during a rest period established by ORS
			 653.442 without the employee's
			 consent;
(e) Failure to compensate
			 an employee for working during a rest period established by ORS
			 653.442;
(f) Denying or attempting to deny the
			 exercise of any right protected under ORS
			 653.412 to
			 653.485 or retaliating against
			 any individual because the individual has inquired about the provisions of ORS
			 653.412 to
			 653.485;
(g) Failure to retain records that document
			 the employer's compliance with ORS
			 653.412 to
			 653.485;
(h) Failure to display in the workplace a
			 poster giving notice of the rights described in ORS
			 653.412 to
			 653.485; and,
(i) Using the voluntary standby list for
			 purposes other than to address unanticipated customer needs or unexpected
			 employee absences.