Liability for violations
(1)A contractor or subcontractor or contractor’s or subcontractor’s surety that violates the provisions of ORS 279C.840 (Payment of prevailing rate of wage) is liable to the workers affected in the amount of the workers’ unpaid minimum wages, including all fringe benefits, and in an additional amount equal to the unpaid wages as liquidated damages.
(2)Actions to enforce liability to workers under subsection (1) of this section may be brought as actions on contractors’ bonds as provided for in ORS 279C.610 (Action on contractor’s public works bond or payment bond).
(3)If a public agency fails to provide in the advertisement for bids, the request for bids, the contract specifications, the accepted bid or elsewhere in the contract documents that the contractor and any subcontractor must comply with ORS 279C.840 (Payment of prevailing rate of wage), the liability of the public agency for unpaid minimum wages, as described in subsection (1) of this section, is joint and several with a contractor or subcontractor that had notice of the requirement to comply with ORS 279C.840 (Payment of prevailing rate of wage).
(4)If a public works project is subject to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and a public agency fails to include the state and federal prevailing rates of wage in the specifications for the contract for public works as required under ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts) (1)(a), or fails to provide in the contract that workers on the public works must be paid not less than the higher of the applicable state or federal prevailing rate of wage as required under ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts) (1)(d), the public agency is liable to each affected worker for:
(a)The worker’s unpaid minimum wages, including fringe benefits, in an amount that equals, for each hour worked, the difference between the applicable higher rate of wage and the lower rate of wage; and
(b)An additional amount, equal to the amount of unpaid minimum wages due under paragraph (a) of this subsection, as liquidated damages.
(5)The Commissioner of the Bureau of Labor and Industries may enforce the provisions of subsections (3) and (4) of this section by a civil action under ORS 279C.850 (Inspection to determine whether prevailing rate of wage being paid) (4), by a civil action on an assigned wage claim under ORS 652.330 (Powers and duties of commissioner in enforcing wage claims), or by an administrative proceeding on an assigned wage claim under ORS 652.332 (Administrative proceeding for wage claim collection). [2003 c.794 §171; 2007 c.844 §6; 2011 c.265 §3]
Notes of Decisions
Under Former Similar Statute (Ors 279.356)
Where payment is for full amount of wages due, delay in payment does not violate prevailing wage requirement. North Marion School District #15 v. Acstar Insurance Co., 205 Or App 484, 136 P3d 42 (2006), aff’d 343 Or 305, 169 P3d 1224 (2007)