Chapter 279C — Public Contracting - Public Improvements and Related Contracts

ORS 279C.875 Criminal liability for intentional failure to pay prevailing wage; rules

(1)

A contractor or subcontractor, or an agent of a contractor or subcontractor, may not intentionally:

(a)

Fail to pay an employee of the contractor or subcontractor the prevailing rate of wage as provided in ORS 279C.840;

(b)

Reduce the rate of wage that an employee would ordinarily receive for work that is not subject to ORS 279C.800 to 279C.870 in order to recoup wages the contractor, subcontractor or agent paid in accordance with ORS 279C.840;

(c)

Withhold, deduct or divert any portion of an employee’s wages except as provided in ORS 652.610 (3);

(d)

Enter into an agreement with an employee under the terms of which the employee performs work on a public works project at less than the prevailing rate of wage; or

(e)

Otherwise deprive an employee, permanently or indefinitely, of wages due to an employee under ORS 279C.840 in an amount that equals or exceeds 25 percent of wages due to the employee under ORS 279C.840 or $1,000 in a single pay period, whichever is greater.

(2)

A violation of subsection (1) of this section is a Class C felony.

(3)

In addition to and not in lieu of any action the Commissioner of the Bureau of Labor and Industries may bring under ORS 279C.870, the commissioner may:

(a)

Refer a violation of subsection (1) of this section to a district attorney or the Attorney General for prosecution; and

(b)

Adopt rules necessary to implement the provisions of this section.

Note: 279C.875 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 279C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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