Public works projects in Oregon often use various funding methods. Many of the funds used for public works projects meet the definition of “funds of a public agency” under OAR 839-025-0004 and, as a result, may trigger the applicability of prevailing wage rate laws. However, certain funding sources do not constitute “funds of a public agency” under ORS 279C.810(1) and therefore are not funds that would give rise to prevailing wage coverage. The purpose of providing this information is to communicate BOLI’s position on various funding sources.
Based on the most recent legal analysis, the following is a non-exhaustive list that gives examples of each type of funds. Please note that the list below is not intended as legal advice. Each coverage determination depends on specific facts, and the below information should not be used to conclude whether a particular project is subject to prevailing wage laws. If you would like to know whether a specific project is subject to prevailing wage rate laws, please submit a request for a coverage determination.
Likely Considered “Funds of a Public Agency” under ORS 279C.810(1) and OAR 839-025-0004(15):