Bill Text: OR HB2604 | 2011 | Regular Session | Introduced
Bill Title: Relating to the prevailing rate of wage.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2604 Detail]
Download: Oregon-2011-HB2604-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2500
House Bill 2604
Sponsored by Representative SCHAUFLER (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Permits worker with claim to unpaid wages and fringe benefits
under prevailing wage law to commence and maintain independent
action to recover wages and fringe benefits in circuit court of
state and to obtain award of attorney fees and costs if worker
prevails in action.
A BILL FOR AN ACT
Relating to the prevailing rate of wage; amending ORS 279C.855.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.855 is amended to read:
279C.855. (1) { - Any - } { + A + } contractor or
subcontractor or contractor's or subcontractor's surety that
violates the provisions of ORS 279C.840 is liable to the workers
affected in the amount of { - their - } { + the workers' + }
unpaid minimum wages, including all fringe benefits, and in an
additional amount equal to the unpaid wages as liquidated
damages. { + A worker that has a claim to unpaid wages or fringe
benefits under this subsection may commence and maintain an
action independent of an action under subsection (5) of this
section to recover the unpaid wages or fringe benefits in a
circuit court of this state and, if the worker prevails in the
action, may recover attorney fees and costs from the defendant in
the action. + }
(2) Actions to enforce liability to workers under subsection
(1) of this section may be brought as actions on contractors'
bonds as provided for in ORS 279C.610.
(3) If a public agency fails to include a provision that the
contractor and any subcontractor shall comply with ORS 279C.840
in the advertisement for bids, the request for bids, the contract
specifications, the accepted bid or elsewhere in the contract
documents, the liability of the public agency for unpaid minimum
wages, as described in subsection (1) of this section, is joint
and several with { - any - } { + a + } contractor or
subcontractor that had notice of the requirement to comply with
ORS 279C.840.
(4) { - When - } { + If + } a public works project is
subject to the Davis-Bacon Act (40 U.S.C. 3141 et seq.) and a
public agency fails to include the state and federal prevailing
rates of wage in the specifications for the contract for public
works as required under ORS 279C.830 (1)(a), or fails to include
in the specifications information { - showing - } { + that
shows + } which prevailing rate of wage is higher for workers in
each trade or occupation in each locality as required under ORS
279C.830 (1)(b), the public agency is liable to each affected
worker for:
(a) The worker's unpaid minimum wages, including fringe
benefits, in an amount that equals, for each hour worked, the
difference between the applicable higher rate of wage and the
lower rate of wage; and
(b) An additional amount, equal to the amount of unpaid minimum
wages due under paragraph (a) of this subsection, as liquidated
damages.
(5) The Commissioner of the Bureau of Labor and Industries may
enforce the provisions of subsections (3) and (4) of this section
by a civil action under ORS 279C.850 (4), by a civil action on an
assigned wage claim under ORS 652.330, or by an administrative
proceeding on an assigned wage claim under ORS 652.332.
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