OAR 839-025-0330
Wage Averaging Prohibited

(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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage)) 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 (Payment of Overtime Wages — Generally)(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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage));

(e)

Other considerations as the facts and circumstances of a particular matter may reveal.

Source: Rule 839-025-0330 — Wage Averaging Prohibited, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-025-0330.

839‑025‑0000
Notice of Proposed Rules 839‑025‑0003
Forms 839‑025‑0004
Definitions Generally 839‑025‑0005
Purpose and Procedure for Determination Requests 839‑025‑0006
Purpose and Procedure for Addition of Trade 839‑025‑0007
Purpose and Procedure for Special Wage Determination 839‑025‑0008
List of Planned Public Improvements and Cost Analysis 839‑025‑0010
Payroll and Certified Statement Requirements 839‑025‑0013
Notice of Public Works Form 839‑025‑0015
Public Works Bonds Requirements 839‑025‑0020
Public Works Contracts and Contract Specifications 839‑025‑0025
Required Records 839‑025‑0030
Records Availability 839‑025‑0033
Posting Requirements 839‑025‑0034
Establishing a Work Schedule 839‑025‑0035
Payment of Prevailing Rate of Wage 839‑025‑0037
Residential Construction Projects 839‑025‑0038
Use of Multiple Wage Rate Determinations on Projects 839‑025‑0040
Payment of Fringe Benefits 839‑025‑0043
Frequency of Payment of Fringe Benefits 839‑025‑0045
Youth Apprentices 839‑025‑0050
Overtime Wages Computations 839‑025‑0054
Exemption from Overtime Pay Requirements on Public Improvement Projects 839‑025‑0060
Apprentices Working upon Public Works Projects 839‑025‑0065
Trainees Working upon Public Works Projects 839‑025‑0080
Liability to Workers 839‑025‑0085
Contract Ineligibility 839‑025‑0090
List of Ineligibles 839‑025‑0095
Removal of Names from List of Ineligibles 839‑025‑0100
Exemptions from ORS 279C.800 to 279C.870 839‑025‑0150
Definitions Related to Installation of Art on Public Works 839‑025‑0155
Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects 839‑025‑0200
Fees to Be Paid by Public Agency 839‑025‑0210
Adjustment of Fees Paid by Public Agency 839‑025‑0220
Fees for Contract Without Specific Award Amounts 839‑025‑0230
Fees for Contracts with Other Special Circumstances 839‑025‑0300
Actions that Circumvent Payment of Prevailing Wages Prohibited 839‑025‑0310
Division of Projects 839‑025‑0320
Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited 839‑025‑0330
Wage Averaging Prohibited 839‑025‑0340
Circumventions of the Prevailing Wage Rate Law 839‑025‑0500
Definitions Related to Civil Penalties for Violations of Prevailing Wage Rates on Public Works Matters 839‑025‑0510
Violations Separate and Distinct 839‑025‑0520
Criteria to Determine Civil Penalty 839‑025‑0530
Violations for Which a Civil Penalty May Be Assessed 839‑025‑0540
Schedule of Civil Penalties 839‑025‑0700
Prevailing Wage Rate Determination/Amendments to Determination 839‑025‑0750
Residential Prevailing Wage Rate Determinations
Last Updated

Jun. 8, 2021

Rule 839-025-0330’s source at or​.us