ORS 279C.840
Payment of prevailing rate of wage

  • posting of rates and fringe benefit plan provisions

(1)

The hourly rate of wage that a contractor or subcontractor must pay to workers upon all public works may not be less than the prevailing rate of wage for an hour’s work in the same trade or occupation in the locality where the labor is performed. A contractor or subcontractor may discharge the obligation to pay the prevailing rate of wage by making the payments in cash, by making contributions of a type described in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) (1)(a), or by assuming an enforceable commitment to bear the costs of fringe benefits of a type described in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) (1)(b), or any combination of payments, contributions and assumption of costs, where the aggregate of any such payments, contributions and assumption of costs is not less than the prevailing rate of wage. The contractor or subcontractor shall pay all wages due and owing to the contractor’s or subcontractor’s workers upon public works on the regular payday established and maintained under ORS 652.120 (Establishing regular payday).

(2)

After a contract for public works is executed with any contractor or work is commenced upon any public works, a contractor or subcontractor may not subject the amount of the prevailing rate of wage to attack in any legal proceeding in connection with that contract.

(3)

It is not a defense in any legal proceeding that the prevailing rate of wage is less than the amount required to be in the specifications of a contract for public works, or that the employee agreed with the employer to work at less than the wage rates required to be paid under this section.

(4)

Every contractor or subcontractor engaged on a project for which there is a contract for a public works shall keep the prevailing rates of wage for that project posted in a conspicuous and accessible place in or about the project. The Commissioner of the Bureau of Labor and Industries shall furnish without charge copies of the prevailing rates of wage to contractors and subcontractors.

(5)

Every contractor or subcontractor engaged on a project for which there is a contract for a public works to which the prevailing wage requirements apply that also provides or contributes to a health and welfare plan or a pension plan, or both, for the contractor or subcontractor’s employees on the project shall post a notice describing the plan in a conspicuous and accessible place in or about the project. The notice preferably shall be posted in the same place as the notice required under subsection (4) of this section. In addition to the description of the plan, the notice shall contain information on how and where to make claims and where to obtain further information.

(6)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (d) of this subsection, a person other than the contractor or subcontractor may not pay or contribute any portion of the prevailing rate of wage paid by the contractor or subcontractor to workers employed in the performance of a public works contract.

(b)

A contractor or subcontractor violates paragraph (a) of this subsection if a person other than the contractor or subcontractor pays or contributes any portion of the prevailing rate of wage that the contractor or subcontractor owes or pays to workers who perform labor on a public works project or the person assumes an enforceable commitment to bear the costs of fringe benefits of a type described in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) (1)(b) that the contractor or subcontractor provides.

(c)

For the purpose of this subsection, the prevailing rate of wage is the prevailing rate of wage specified in the contract.

(d)

This subsection does not prohibit:

(A)

Payments to a worker who is enrolled in any government-subsidized training or retraining program; or

(B)

A surety or public agency from paying the prevailing rate of wage.

(7)

A person may not take any action that circumvents the payment of the prevailing rate of wage to workers employed on a public works contract, including, but not limited to, reducing an employee’s regular rate of pay on any project that is not subject 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) in a manner that has the effect of offsetting the prevailing rate of wage on a public works project. [2003 c.794 §167; 2009 c.161 §4; 2017 c.334 §4]

Source: Section 279C.840 — Payment of prevailing rate of wage; posting of rates and fringe benefit plan provisions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html.

Notes of Decisions

Under former similar statute (ORS 279.350)

Oregon’s Little Davis-Bacon Act is different from federal act on which it was patterned and agency did not “carry on” construction of “public work” as defined in [former] ORS 279.348. Columbia-Pacific v. OPB, 102 Or App 212, 794 P2d 438 (1990)

Post-contract collateral attack is barred as attack on prevailing wage rate regardless of whether attack is styled as rate challenge or classification challenge. Northwest Permastore Systems, Inc. v. Bureau of Labor and Industries, 172 Or App 427, 18 P3d 496 (2001)

Requirement to keep prevailing wage posted in conspicuous and accessible place at project must be fulfilled by each contractor and subcontractor on individual basis. Labor Ready Northwest, Inc. v. Bureau of Labor and Industries, 188 Or App 346, 71 P3d 559 (2003), Sup Ct review denied

Where public agency sells property to private party for development consistent with agency objectives, but agency is not party to construction contract and makes no subsequent use of property, construction is not “public work.” Portland Development Commission v. Bureau of Labor and Industries, 216 Or App 72, 171 P3d 1012 (2007)

Attorney General Opinions

Under former similar statute (ORS 279.350)

Prevailing wage law application to employes of contractor crushing and stockpiling mineral aggregate for county road project, (1978) Vol 39, p 446

279C.005
Definitions 279C.010
Applicability 279C.100
Definitions for ORS 279C.100 to 279C.125 279C.105
Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services 279C.107
Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services 279C.110
Selection procedures for consultants to provide services 279C.115
Direct contracts for services of consultants 279C.120
Selection procedure for related services 279C.125
Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency 279C.300
Policy on competition 279C.305
Least-cost policy for public improvements 279C.306
Administrative enforcement of least-cost policy for public improvements 279C.307
Limitations in procurement of personal services 279C.308
Community benefit contract 279C.310
Limitation on contracting agency constructing public improvement 279C.315
Waiver of damages for unreasonable delay by contracting agency against public policy 279C.320
Contracts for construction other than public improvements 279C.325
Limitation on contracting agency awarding contract to nonresident education service district 279C.330
“Findings” defined 279C.332
Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380 279C.335
Competitive bidding requirement 279C.337
Procurement of constructions manager/general contractor services 279C.340
Contract negotiations 279C.345
Specifications for contracts 279C.350
Exemption procedure 279C.355
Evaluation of public improvement projects not contracted by competitive bidding 279C.360
Requirement for public improvement advertisements 279C.365
Requirements for solicitation documents and bids and proposals 279C.370
First-tier subcontractor disclosure 279C.375
Award and execution of contract 279C.380
Performance bond 279C.385
Return or retention of bid security 279C.390
Exemption of contracts from bid security and bonds 279C.395
Rejection of bids 279C.400
Competitive proposals 279C.405
Requests for information, interest or qualifications 279C.410
Receipt of proposals 279C.412
Competitive quotes for intermediate procurements 279C.414
Requirements for competitive quotes 279C.430
Prequalification of bidders 279C.435
Effect of prequalification by Department of Transportation or Oregon Department of Administrative Services 279C.440
Disqualification from consideration for award of contracts 279C.445
Appeal of disqualification 279C.450
Appeal procedure for decision to deny, revoke or revise prequalification 279C.460
Action by or on behalf of adversely affected bidder or proposer 279C.465
Action against successful bidder 279C.470
Compensation for contractor on contract declared void by court 279C.500
“Person” defined 279C.505
Conditions concerning payment, contributions, liens, withholding, drug testing 279C.510
Demolition contracts to require material salvage 279C.515
Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints 279C.520
Condition concerning hours of labor 279C.525
Provisions concerning environmental and natural resources laws 279C.527
Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract 279C.528
State Department of Energy requirements and specifications 279C.530
Condition concerning payment for medical care and providing workers’ compensation 279C.533
Condition concerning employment of apprentices to perform percentage of work hours that workers in apprenticeable occupations perform on public improvements 279C.534
Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts 279C.535
Condition concerning steel material 279C.537
Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts 279C.540
Maximum hours of labor on public contracts 279C.545
Time limitation on claim for overtime 279C.550
“Retainage” defined 279C.555
Withholding of retainage 279C.560
Form of retainage 279C.565
Limitation on retainage requirements 279C.570
Prompt payment policy 279C.580
Contractor’s relations with subcontractors 279C.585
Authority to substitute undisclosed first-tier subcontractor 279C.590
Complaint process for substitutions of subcontractors 279C.600
Right of action on payment bond or public works bond of contractor or subcontractor 279C.605
Notice of claim 279C.610
Action on contractor’s public works bond or payment bond 279C.615
Preference for labor and material liens 279C.620
Rights of person providing medical care to employees of contractor 279C.625
Joint liability when payment bond not executed 279C.650
“Labor dispute” defined 279C.655
Extension and compensation when work suspended 279C.660
Compensation when contract terminated due to public interest 279C.665
Contractual provisions for compensation when contract terminated due to public interest 279C.670
Application of ORS 279C.650 to 279C.670 279C.800
Definitions for ORS 279C.800 to 279C.870 279C.805
Policy 279C.807
Workforce diversity for public works projects 279C.808
Rules 279C.810
Exemptions 279C.815
Determination of prevailing wage 279C.817
Determination of applicability of prevailing wage rate 279C.820
Advisory committee to assist commissioner 279C.825
Fees 279C.827
Division of public works project 279C.829
Agreement with other state to pay less than prevailing rate of wage 279C.830
Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts 279C.835
Notifying commissioner of public works contract subject to prevailing wage 279C.836
Public works bond 279C.838
Applicability of state and federal rates of wage 279C.840
Payment of prevailing rate of wage 279C.845
Certified statements regarding payment of prevailing rates of wage 279C.850
Inspection to determine whether prevailing rate of wage being paid 279C.855
Liability for violations 279C.860
Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage 279C.865
Civil penalties 279C.870
Civil action to enforce payment of prevailing rates of wage 279C.875
Criminal liability for intentional failure to pay prevailing wage
Green check means up to date. Up to date

Current through early 2024

§ 279C.840’s source at oregon​.gov