OAR 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 (Establishing regular payday).(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 (Determination of prevailing wage).(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 (Applicability of state and federal rates of wage), 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 (Definitions Generally)(25) 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 (Applicability of state and federal rates of wage), 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 (Definitions Generally)(25).(8)
Persons employed on a public works project for personal services, as that term is defined in ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125)(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 (Definitions Generally)(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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage). Any worker on a public works project who is not an apprentice as defined in OAR 839-025-0004 (Definitions Generally)(1), or who is not employed by a registered training agent pursuant to ORS 660.010 (Definitions for ORS 660.002 to 660.210)(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 (Definitions Generally)(29), 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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage). Any worker on a public works project who is not a trainee as defined in OAR 839-025-0004 (Definitions Generally)(29), or who is not employed by a registered training agent pursuant to ORS 660.010 (Definitions for ORS 660.002 to 660.210)(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.
Source:
Rule 839-025-0035 — Payment of Prevailing Rate of Wage, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-025-0035.