Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0035 - Payment of Prevailing Rate of Wage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every contractor or subcontractor
			 employing workers on a public works project must pay to such workers no less
			 than the applicable prevailing rate of wage for each trade or occupation, as
			 determined by the commissioner, in which the workers are employed.
			 Additionally, all wages due and owing to the workers shall be paid on the
			 regular payday established and maintained under ORS
			 652.120.
(2) When a public works project is subject to
			 the Davis-Bacon Act (40 U.S.C. 3141 et
			 seq.), if the state prevailing rate of wage is higher than the federal
			 prevailing rate of wage, the contractor and every subcontractor on the project
			 shall pay no less than the state prevailing rate of wage as determined under
			 ORS 279C.815.
(3) Every person paid by a contractor or
			 subcontractor in any manner for the person's labor in the construction,
			 reconstruction, major renovation or painting of a public work is employed and
			 must receive no less than the applicable prevailing rate of wage, regardless of
			 any contractual relationship alleged to exist. Thus, for example, if partners
			 are themselves performing the duties of a worker, the partners must receive no
			 less than the prevailing rate of wage for the hours they are so
			 engaged.
(4) Persons employed on a
			 public works project and who are spending more than 20% of their time during
			 any workweek in performing duties which are manual or physical in nature as
			 opposed to mental or managerial in nature are workers and must be paid the
			 applicable prevailing rate of wage. Mental or managerial duties include, but
			 are not limited to, administrative, executive, professional, supervisory or
			 clerical duties.
(5) Persons
			 employed on a public works project for the manufacture or furnishing of
			 materials, articles, supplies or equipment (whether or not a public agency
			 acquires title to such materials, articles, supplies or equipment during the
			 course of the manufacture or furnishing, or owns the materials from which they
			 are manufactured or furnished) are not workers required to be paid the
			 applicable prevailing rate of wage unless the employment of such persons is
			 performed in connection with and at the site of the public works
			 project.
(6) Except as provided in
			 ORS 279C.838, persons employed on a
			 public works project who are employed by a commercial supplier of goods or
			 materials must be paid no less than the applicable prevailing rate of wage when
			 the work is performed at the "site of work" as that term is defined in OAR
			 839-025-0004(28)
			 or when the work is performed in fabrication plants, batch plants, borrow pits,
			 job headquarters, tool yards or other such places that are dedicated
			 exclusively or nearly so to the public works project.
(7) Except as provided in ORS
			 279C.838, persons employed on a
			 public works project by the construction contractor or construction
			 subcontractor to transport materials or supplies to or from the public works
			 project are required to be paid the applicable prevailing wage rate for work
			 performed in connection with the transportation of materials or supplies at the
			 "site of work" as that term is defined in OAR
			 839-025-0004(28).
(8) Persons employed on a public works
			 project for personal services, as that term is defined in ORS
			 279C.100(5), as
			 opposed to construction work, are not workers required to be paid the
			 prevailing rate of wage.
(9) Every
			 apprentice, as defined in OAR
			 839-025-0004(1),
			 must be paid not less than the appropriate percentage of the applicable
			 journeyman's wage rate and fringe benefits as determined pursuant to ORS
			 279C.800 to
			 279C.870. Any worker on a public
			 works project who is not an apprentice as defined in OAR
			 839-025-0004(1),
			 or who is not employed by a registered training agent pursuant to ORS
			 660.010(10), or
			 who is not working pursuant to the standards of the apprentice's apprenticeship
			 program, must be paid not less than the applicable prevailing rate of wage for
			 the classification of work actually performed. In addition, if the total number
			 of apprentices employed exceeds the ratio permitted in the applicable
			 standards, all apprentices so employed must be paid not less than the
			 applicable journeyman's prevailing wage rate for work actually
			 performed.
(10) Every trainee, as
			 defined in OAR 839-025-0004(32),
			 must be paid not less than the appropriate percentage of the applicable
			 journeyman's wage rate and fringe benefits determined pursuant to ORS
			 279C.800 to
			 279C.870. Any worker on a public
			 works project who is not a trainee as defined in OAR
			 839-025-0004(32),
			 or who is not employed by a registered training agent pursuant to ORS
			 660.010(10), or
			 who is not working pursuant to the standards of the trainee's program, must be
			 paid not less than the applicable prevailing rate of wage for the
			 classification of work actually performed. In addition, if the total number of
			 trainees employed exceeds the ratio permitted in the applicable standards, all
			 trainees so employed must be paid not less than the applicable journeyman's
			 prevailing wage rate for work actually performed.
Statutory/Other Authority: ORS
				  651.060(4)
				  & ORS 279C.808
Statutes/Other Implemented: ORS
				  279C.800-.870