Or. Admin. R. 839-025-0040 - Payment of Fringe Benefits
(1) Each contractor and subcontractor
required to pay workers the prevailing rate of wage must pay no less than the
hourly rate of pay and fringe benefits as determined by the
Commissioner.
(2) The rate of pay
for fringe benefits paid to apprentices and trainees shall be not less than
such rate paid to the majority of such apprentices and trainees in the same
trade or occupation as determined by the commissioner. If there is no majority
in the same trade or occupation, as determined by the commissioner, apprentices
and trainees shall be paid the full amount of the fringe benefits.
(3) The requirements of section (1) of this
rule are met when the amount of the fringe benefit or benefits is paid to the
worker, in cash, in lieu of a third party administering a fringe benefit or
benefits program.
(4) When a
contractor or subcontractor pays an hourly rate of pay which exceeds that which
is determined by the Commissioner, the amount by which the rate is exceeded may
be credited toward payment of the amount of fringe benefits determined by the
Commissioner for the trade or occupation.
(5) When a contractor or subcontractor pays a
rate for any one fringe benefit which exceeds that which is determined for the
fringe benefit, the amount by which the rate is exceeded may be credited toward
payment of the amount to be paid for all fringe benefits as determined by the
Commissioner for the trade or occupation.
(6) When a contractor or subcontractor pays
an amount for fringe benefits which exceeds that which is determined by the
Commissioner the amount by which it exceeds the determination may be credited
toward payment of the hourly rate of pay as determined by the
Commissioner.
Notes
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS 279.350
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