It's called Oregon's Little Davis-Bacon Act. It requires contractors and subcontractors on public works jobs over $25,000 to pay the "prevailing wage." An Oregon State Agency surveys geographic areas for each occupation and publishes the wage rates. Oregon contractors promise to pay these rates when they bid on public works jobs. If the employer does not pay the wages, then, in effect, the contractor steals from workers and from taxpayers.
I received information from a few workers of a contractor that their employer is breaking the law in more than one way. Among other things, the contractor misclassified their work so it could pay them less. For example if the worker was a welder but the employer paid the worker the lower wage of a laborer, then it would violate the prevailing wage law. (Here's a list of some job classifications.)
Workers must act fast if they want to make a prevailing wage claim. The law (ORS 279C.855) instructs workers to file a claim against the contractor's bond. To do that, the worker must provide notice within 180 days "after the day the person last provided labor." A statute, ORS 279C.605, sets out what the notice should say.
The guys who contacted me have many other issues with their employer, and I look forward to helping them.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
