Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS
Section 839-025-0330 - Wage Averaging Prohibited

Universal Citation: OR Admin Rules 839-025-0330

Current through Register Vol. 63, No. 9, September 1, 2024

(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 to 279C.870) 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(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 to 279C.870);

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

Stat. Auth.: ORS 279 & 651

Stats. Implemented: ORS 279.348 - 279.380

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.