OAR 839-025-0330: Wage Averaging Prohibited

(1) No contractor or subcontractor shall reduce a worker's regular rate of pay for work on projects not subject to the Prevailing Wage Rate Law (ORS 279C.800 to 279C.870) when the reduction in pay has the effect of the worker not receiving the prevailing rate of wage for work performed on the public works project. (2) As used in this rule, "regular rate" has the same meaning as that defined in OAR 839-020-0030(2)(b). (3) When making a determination of whether a contractor or subcontractor has reduced a worker's regular rate in violation of section (1) of this rule, the bureau shall consider: (a) The timing of the wage rate reduction; (b) Whether the wage rate reduction was made pursuant to an established plan; (c) Whether the wage rate reduction is applied equally to all workers in similar job classifications; (d) Whether the wage rate reductions are applied to workers employed on public works projects but not to workers employed only on projects not subject to the Prevailing Wage Rate Law (ORS 279C.800 to 279C.870); (e) Other considerations as the facts and circumstances of a particular matter may reveal.