Prevailing Wage and Davis-Bacon Compliance in Oregon
eMars provides certified payroll and compliance solutions tailored primarily for federal projects and select state jurisdictions. While many agencies accept the standard WH-347 form, some states will require their own form. For questions about supported jurisdictions, please contact our team directly.
Oregon WH-38 Form Now Available in eMars
eMars is pleased to announce that the Payroll/Certified Statement Form (WH-38) is now fully supported within our platform for contractors and subcontractors working on Oregon public works projects governed by the Prevailing Wage Rate (PWR) Law under ORS 279C.845.
The WH-38 form allows contractors to easily report weekly payroll information and certify compliance with Oregon's prevailing wage requirements. It captures all key details required by the Oregon Bureau of Labor and Industries (BOLI), including work classifications, fringe benefit provisions, and total hours and wages reported. The WH-38 form includes the certified statement of compliance, verifying all information is complete and accurate, and can be signed electronically in eMars.
With the WH-38 now integrated directly into eMars, users can produce a fully complete WH-38 directly from their payroll with one mouse click. There is no copying and pasting, no extra steps, and no manual entry.
Simplify Oregon prevailing wage reporting with eMars.
Components of Wage Determinations
Both federal and state wage determinations in Oregon include:
- Basic Hourly Rate: The minimum wage rate paid directly to workers in a specific job classification.
- Fringe Benefits: Health insurance, retirement, paid leave, or other benefits paid on top of the basic rate.
- Total Hourly Rate: The sum of the basic hourly rate and fringe benefits.
If no fringe benefits are provided, the full total hourly rate must be paid as cash directly to the worker.
Compliance for Contractors and Subcontractors
Contractors and subcontractors working on public works projects in Oregon must:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
For state and local projects, use the BOLI Prevailing Wage Rate Book in effect when the project was first advertised for bid. For federally funded projects, pull the applicable wage determination from SAM.gov.
Submit Certified Payroll Reports
Submit Certified Payroll Reports
For state projects, file the Payroll and Certified Statement Form (WH-38) with the public agency that awarded the contract, once a month, no later than the fifth business day of the following month, for every week worked. Submitted forms become public records under ORS 192.410 to 192.505. For federally funded projects, file Form WH-347 weekly with the contracting agency.
Ensure Correct Wages
Ensure Correct Wages
Post Wage Rates On-Site
Post Wage Rates On-Site
Maintain Accurate Records
Maintain Accurate Records
Under OAR 839-025-0025, contractors must keep payroll records, classifications, hours, wages, and fringe benefits for a minimum of three years after project completion. Records must be available for inspection by BOLI and the U.S. Department of Labor.
Penalties for Non-Compliance
Failure to comply with prevailing wage laws in Oregon can result in:
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Potential Criminal Liability for falsification of certified payroll
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Back Wages owed to underpaid workers
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Civil Penalties assessed by BOLI
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Placement on Oregon's List of Contractors Ineligible to Receive Public Works Contracts, with debarment up to three years for serious or repeat violations
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Liability Extending to Any Firm in which a debarred contractor has a financial interest
Unique Aspects of Oregon's Prevailing Wage System
- BOLI-Set Rates by Region: BOLI calculates prevailing wages from state-conducted wage surveys and collective bargaining data for each trade and locality.
- January and July Rate Book Cadence: BOLI publishes new rate books on January 5 and July 1 each year, with amendments issued in between.
- 15% Apprenticeship Utilization Requirement: Oregon requires apprentices to perform a minimum of 15% of total labor hours on covered public works trades, with proper apprentice-to-journey-level ratios.
- Monthly WH-38 Filing With the Public Agency: Contractors submit certified payroll to the awarding public agency by the fifth business day of the following month.
- HB 2688 Off-Site Expansion: Effective July 1, 2026, prevailing wage applies to certain off-site, bespoke fabrication and assembly tied to a specific Oregon public works project.
Relevant Resources
- Oregon Bureau of Labor and Industries (BOLI) Prevailing Wage Information: BOLI Prevailing Wage Information
- Davis-Bacon Wage Determinations - SAM.gov
DOL Form WH-347 (Revised January 2025)
- Oregon WH-38 Payroll and Certified Statement Form (PDF)
- DOL Wage and Hour Division — Davis-Bacon and Related Acts
- DOL Final Rule: Updating the Davis-Bacon and Related Acts Regulations
For the most accurate and current information on prevailing wage requirements, consult the U.S. Department of Labor or your state's official labor website.
Oregon Prevailing Wage FAQs
Does Oregon have its own prevailing wage law?
Yes. Oregon's Prevailing Wage Rate Law is codified at ORS 279C.800 to 279C.870 and requires contractors on state and local public works projects costing more than $50,000 ($100,000 for residential and public housing work) to pay workers the prevailing wage rates set by the Oregon Bureau of Labor and Industries (BOLI). Effective July 1, 2026, House Bill 2688 expands coverage to certain off-site, bespoke fabrication and assembly performed for a specific public works project.
How are prevailing wage rates determined for public works projects in Oregon?
For state-funded projects, BOLI sets prevailing wage rates through regional wage surveys and publishes updated rate books on January 5 and July 1 each year, with amendments issued in between. Contractors apply the rate book in effect when the project was first advertised for bid. For federally funded projects, the U.S. Department of Labor sets rates on SAM.gov, and contractors apply the determination in effect ten days before bid opening.
What are the penalties for non-compliance with prevailing wage laws in Oregon?
Penalties include back wages, civil penalties assessed by BOLI, placement on Oregon's List of Contractors Ineligible to Receive Public Works Contracts under ORS 279C.860 (with debarment up to three years), liability for any firm in which a debarred contractor has a financial interest, and potential criminal liability for falsification of certified payroll. Federal Davis-Bacon penalties layer on top when federal funds are involved.
How are fringe benefits handled under Oregon’s prevailing wage laws?
Contractors must provide bona fide fringe benefits such as health insurance, retirement, or paid leave, or pay the equivalent value as additional cash on top of the basic hourly rate. Total compensation must equal at least the basic rate plus the fringe rate listed on the applicable BOLI or SAM.gov wage determination. If no fringe benefits are provided, the full total hourly rate must be paid as cash directly to the worker.