1) When is the prevailing wage rate used?
2) What is the definition of a public works or related projects?
3) Are there project monetary thresholds?
4) Are any types of projects specifically exempted?
5) What is included in the calculation of wage rates?
6) Who calculates the prevailing wage rates?
7) Enforcement: what are the penalties for violations? Criminal or fines?
8) Can contractors be debarred?
9) Are there posting requirements?
10) Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
11) Record Maintenance?
12) Are there any provisions which discuss apprentices?



OREGON
Click on a question to the left.

7) Enforcement: what are the penalties for violations? Criminal or fines?

A.) (1) Any contractor or subcontractor or contractor's or subcontractor's surety that violates the provisions of ORS 279C.840 is liable to the workers affected in the amount of their unpaid minimum wages, including all fringe benefits as defined in ORS 279C.800, and in an additional amount equal to the unpaid wages as liquidated damages.

B.) (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.

C.) (3) If the public agency fails to include a provision that the contractor and any subcontractor shall comply with ORS 279C.840 in the advertisement for bids, the request for bids, the contract specifications, the accepted bid or elsewhere in the contract documents, the liability of the public agency for unpaid minimum wages, as described in subsection (1) of this section, is joint and several with any contractor or subcontractor that had notice of the requirement to comply with ORS 279C.840. The Commissioner of the Bureau of Labor and Industries may enforce the provisions of this subsection by a civil action under ORS 279C.850 (4), by a civil action on an assigned wage claim under ORS 652.330, or by an administrative proceeding on an assigned wage claim under ORS 652.332. [2003 c.794 '171] (279C.855)

D.) (1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $5,000 for each violation of any provision of ORS 279C.800 to 279C.870 or any rule of the commissioner adopted thereunder. (279C.865)

REFERENCES

1.) Oregon Labor Market Information System
* Prevailing Wage Laws Designed to Protect Working Families
* This web-site is designed by the Oregon Employment Department.

2.) Chapter 279C - Public Contracting - Public Improvements and Related Contracts; Prevailing Wage Section
* This is the actual law pertaining to the prevailing wage rate in Oregon.


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