Or. Admin. R. 839-025-0035 - Payment of Prevailing Rate of Wage
(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.
Notes
Statutory/Other Authority: ORS 651.060(4) & ORS 279C.808
Statutes/Other Implemented: ORS 279C.800-.870
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