| How To Determine The Correct Rate Of Pay |
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| Wage and Hour: Prevailing Wage |
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How to Determine the Correct Rate of Pay
To determine the correct rate of pay for workers on covered projects, agencies, contractors and subcontractors need to refer to one of the following booklets:
- Prevailing Wage Rates for Public Works Contracts in Oregon (state rates only), or
- Prevailing Wage Rates for Public Works Contracts in Oregon subject to BOTH the State PWR and Federal Davis-Bacon Act (comparison of the higher of federal and state rates).
Both prevailing wage rate booklets are published twice a year, usually in January and July. Amendments to the state rates are published quarterly, but amendments to the “Prevailing Wage Rates for Public Works Contracts in Oregon subject to BOTH the State PWR and Federal Davis-Bacon Act” booklet can be published at any time, depending on if and when the U.S. Department of Labor updates its rates. Both rate booklets and all amendments can be found on BOLI’s website at www.oregon.gov/boli. In addition, the most current Davis-Bacon Act wage rates can be found at www.wdol.gov.
Projects Subject to State Law Only
To find the correct rate of pay on projects subject to Oregon’s PWR law, use the following steps:
1. When was the project first advertised for bid?
Generally, the rates in effect at the time the bid specifications are first advertised are those that apply for the duration of the project.
2. What type of work is the worker performing?
Find the definition that most closely matches the actual work being performed by the worker. If you have any questions about work classifications, contact BOLI at the number below.
3. Where is the work being performed – in which region?
Find the occupation in the correct region pages associated with the county where the project construction is taking place.
4. Is there a rate listed next to the classification?
If so, use it. The rate is made up of an hourly base rate plus an hourly fringe rate. It is the combination of the base rate plus the fringe rate that is due the worker on an hourly basis. (See the Computing the Allowable Hourly Credit for Fringe Benefit Contributions section for information on how to calculate allowable hourly credits for employer contributions to benefit plans.)
5. If the book directs you to “See Appendix,” go to the back of the book and use the rate listed in the Appendix pages. The rate is made up of an hourly base rate plus an hourly fringe rate. It is the combination of the base rate plus the fringe rate that is due the worker on an hourly basis. This rate may include a group number and/or zone pay. Zone pay is added to the base rate.
6. Apprentices must be paid the full fringe rate in those regions where the appendix rate does not apply. However, if the book directs you to “See Appendix,” and the worker is registered in a bona fide apprenticeship program, you may contact BOLI at (971) 673-0839 for the applicable hourly fringe rate. These fringe rates are also posted on BOLI’s website at www.oregon.gov/boli.
7. If you still need help, CALL BOLI at (971) 673-0839.
Projects Subject to State and Federal Laws
ORS 279C.838 requires the higher of either the state prevailing wage rates or federal Davis-Bacon rates to be paid to workers on projects in Oregon subject to both the state PWR law and federal Davis-Bacon Act. To find the correct rate of pay on such projects, use the following steps:
1. When was the project first advertised for bid?
Under state law, the rates in effect at the time the bid specifications are first advertised are those that apply for the duration of the project. The Davis-Bacon Act uses a different method to set the rates for the project. Check with the project’s public agency for any changes to the federal rates that may have occurred after the bid specifications were advertised.
2. What type of work is the worker performing?
Find the definition that most closely matches the actual work being performed by the worker. If you have any questions about work classifications, contact BOLI at the number below.
3. Where is the work being performed – in which county?
Find the occupation in the correct county pages where the project construction is taking place.
4. Is there a rate listed next to the classification?
If so, use it. The rate is made up of an hourly base rate plus an hourly fringe rate. It is the combination of the base rate plus the fringe rate that is due the worker on an hourly basis. (See the Computing the Allowable Hourly Credit for Fringe Benefit Contributions section for information on how to calculate allowable hourly credits for employer contributions to benefit plans.)
5. If the book directs you to “See Appendix-State,” go to the State Appendix in the back of the book and use the rate listed. It may include a group number and/or zone pay. Zone pay is added to the base rate.
6. Apprentices registered in a bona fide apprenticeship program may be paid less than the full hourly fringe rate in some circumstances. You may contact BOLI at (971) 673-0839 for the applicable hourly fringe rate for apprentices. These fringe rates are also posted on BOLI’s website at www.oregon.gov/boli.
7. If the book directs you to “See Appendix-DB,” go to the Davis-Bacon Appendices in the back of the book and use the rate listed. It may include a group number and/or zone pay. Zone pay is added to the base rate.
8. Apprentices being paid the federal prevailing wage rate must be paid hourly fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of hourly fringe benefits listed in the Davis-Bacon Appendices.
9. If the book indicates “SAME,” you can use the rate from either the State Appendix or the Davis-Bacon Appendices.
10. If you still need help, CALL BOLI at (971) 673-0839.
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