The Oregon Payroll WH-38 form, a creation of the Bureau of Labor and Industries, serves a crucial role in the realms of wage and hour division, specifically aimed at fulfilling requirements set forth by ORS 279C.845. It is meticulously designed for use by both prime contractors and subcontractors, detailing payroll numbers, business information, project details, and wage calculations, along with a certified statement to ensure compliance with the prevailing wage laws. While the form is not officially approved by the U.S. Department of Labor, it meets the mandates of both state PWR (Prevailing Wage Rate) laws and the federal Davis-Bacon Act, providing a structured format for reporting that aligns with legal standards for wage transparency and accuracy.
In the bustling world of Oregon's construction projects, the Oregon Payroll WH-38 form emerges as a pivotal document designed to ensure compliance with state and federal regulations regarding workers' pay. Crafted by the Bureau of Labor and Industries, specifically under the Wage and Hour Division, this form caters to both prime contractors and subcontractors involved in various construction endeavors. It acts as a payroll/certified statement, meticulously structured to aid in aligning with the Oregon Revised Statutes 279C.845. Filled with detailed sections that gather comprehensive information about the project, from business and project names to the intricate breakdown of wages, hours worked, and fringe benefits, the WH-38 form seeks to uphold the integrity of wage distribution, thereby safeguarding workers' rights. Furthermore, it intertwines with federal directives such as the Davis-Bacon Act, emphasizing the form's significance beyond state lines. Completing it accurately is not just about fulfilling a bureaucratic requirement; it's a demonstration of commitment to fair labor practices and legal adherence. This piece of paperwork, though seemingly mundane, acts as a backbone for transparency, equity, and compliance in the construction industry, making its proper understanding and execution crucial for all parties involved.
BUREAU OF LABOR AND INDUSTRIES
PAYROLL/CERTIFIED STATEMENT FORM WH-38
WAGE AND HOUR DIVISION
FOR USE IN COMPLYING WITH ORS 279C.845*
PRIME CONTRACTOR
SUBCONTRACTOR
PAYROLL NO.________________________
Business Name (DBA):
Phone: (
)
CCB Registration Number:
Project Name:
Project Number:
Type of Work:
Street Address:
Project Location:
Mailing Address:
Project County:
Date Pay Period Began:
Date Pay Period Ended:
THIS SECTION FOR PRIME CONTRACTORS ONLY
THIS SECTION FOR SUBCONTRACTORS ONLY
Public Contracting Agency Name:
Subcontract Amount:
Prime Contractor Business Name (DBA):
Prime Contractor Phone: (
Date Contract Specifications First Advertised for Bid:
Prime Contractor’s CCB Registration Number:
Contract Amount:
Date You Began Work on the Project:
(1)
(2)
(3) DAY AND DATE
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
HOURLY
HOURLY FRINGE
FRINGE
NAME , ADDRESS AND
CLASSIFICATION
GROSS
ITEMIZED
BENEFITS PAID
NAME OF BENEFIT
BENEFIT
EMPLOYEE’S
(INCLUDE GROUP #
TOTAL
AMOUNT
DEDUCTIONS
NET WAGES
TO BENEFIT
PARTY, PLAN,
BASE
AMOUNTS
IDENTIFICATION
AND APPRENTICESHIP
HOURS
EARNED (see
FICA, FED,
PAID
FUND, OR
RATE
PAID AS
NUMBER
STEP IF APPLICABLE)
directions)
STATE, ETC.
PROGRAM
WAGES TO
HOURS WORKED EACH DAY
EMPLOYEE
OT
ST
*Although this form has not been officially approved by the U.S. Department of Labor, it is designed to meet the requirements of both the state PWR law and the federal Davis-Bacon Act.
WH-38 (Rev. 11-09)
THIS FORM CONTINUED ON REVERSE
CERTIFIED STATEMENT
Date:
I,
,
(NAME OF SIGNATORY PARTY)
(TITLE)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by:
(CONTRACTOR, SUBCONTRACTOR OR SURETY)
on the
; that during the payroll period
(BUILDING OR WORK)
commencing on the
day of
, and ending the
day
(MONTH)
(YEAR)
of
, all persons employed on said project have been paid the
full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said
from the full weekly wages earned by any person, and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as specified in ORS 652.610, and as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below:
(2)That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for workers contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each worker conform with work performed.
(3)That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a state apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a state, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.
I HAVE READ THIS CERTIFIED STATEMENT, KNOW THE CONTENTS THEREOF AND IT IS TRUE TO MY KNOWLEDGE:
(NAME AND TITLE)
(SIGNATURE AND DATE)
In addition to completing sections (1) - (3), if your project is subject to the federal Davis-Bacon Act requirements, complete the following section as well:
(4) That:
(a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS
-In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below.
(b)WHERE FRINGE BENEFITS ARE PAID IN CASH
-Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in Section 4(c) below.
(c) EXCEPTIONS:
EXCEPTION (CRAFT)
EXPLANATION
REMARKS:
NAME AND TITLE
SIGNATURE
THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
FILE THIS FORM WITH THE PUBLIC AGENCY ASSOCIATED WITH THE PROJECT
NOTE TO CONTRACTORS: YOU MUST ATTACH COPIES OF THIS FORM TO EACH OF YOUR PAYROLL SUBMISSIONS ON THIS PROJECT.
INSTRUCTIONS AND ADDITIONAL FORMS ARE AVAILABLE ON OUR WEBSITE: WWW.OREGON.GOV/BOLI.
Filling out the Oregon Payroll WH-38 form is essential for compliance with state and federal regulations regarding wage and hour standards on certain projects. This form, which captures detailed information about payroll, is critical for ensuring that workers are compensated fairly according to the laws governing public works projects. Ensuring accuracy and completeness when completing this form is not only a matter of complying with legal requirements but also an affirmation of the commitment to upholding the rights and wages of workers. The following steps are designed to guide you through the process of accurately completing the WH-38 form.
Completing the WH-38 form with thoroughness and accuracy is not just a regulatory requirement; it is a fundamental part of ensuring fair and legal treatment of workers on public works projects. By following these steps, contractors contribute to a transparent, honest, and equitable construction industry.
The Oregon Payroll WH-38 form is a document designed by the Bureau of Labor and Industries' Wage and Hour Division for the purpose of ensuring compliance with ORS 279C.845. This form is utilized by both prime contractors and subcontractors to provide detailed payroll information for projects. It serves as a payroll/certified statement form that outlines wages, deductions, net wages, and includes a statement certifying the accuracy and completeness of the payroll records.
This form must be completed by both prime contractors and subcontractors working on projects that fall under the jurisdiction of ORS 279C.845. It is a requirement for those engaged in public works projects in Oregon, ensuring that workers are paid according to prevailing wage laws and that these wages are reported accurately.
The WH-38 form requires several pieces of information, including but not limited to:
The WH-38 form can be downloaded from the Oregon Bureau of Labor and Industries (BOLI) website at www.oregon.gov/BOLI . It is available in a printable format that contractors and subcontractors can fill out manually or digitally, depending on their preference.
Submission frequency for the WH-38 form coincides with the payroll periods for the project. Contractors are required to attach this form to each of their payroll submissions to the public agency overseeing the project, ensuring ongoing compliance with state and federal labor laws.
Yes, while the WH-38 form is not officially approved by the U.S. Department of Labor, it is designed to meet the requirements of both the state's public works requirement law (PWR) and the federal Davis-Bacon Act. This ensures that filling out and submitting this form will help contractors comply with both state and federal wage and hour laws.
Falsifying information on the WH-38 form can lead to severe penalties, including civil or criminal prosecution. Specific consequences are outlined in Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code, emphasizing the importance of accurate and truthful reporting.
Yes, the form allows for exceptions to be made in the fringe benefits section. If fringe benefits are not paid to approved plans, funds, or programs, or if they are paid in cash directly to the laborers or mechanics, these exceptions must be documented on the form with a detailed explanation and remarks.
Completed WH-38 forms should be filed with the public agency associated with the project. Contractors must also attach copies of the form to each of their payroll submissions on the project, ensuring that the agency has a record of compliance with the prevailing wage mandates.
Filling out the Oregon Payroll WH-38 form is a critical process for ensuring compliance with state and federal labor laws. However, individuals often make mistakes that can impact the validity of the form. Understanding these common errors can help avoid potential complications. Here are five notable mistakes:
Incorrect or Incomplete Business Information: One of the most common mistakes is not providing accurate or complete business information. This includes the business name, DBA (Doing Business As), phone number, and CCB (Construction Contractors Board) registration number. It’s essential to double-check that all information is current and correctly entered.
Failure to Specify Employment Classification: Each employee listed on the WH-38 form must have their work classification specified. This refers to the type of work they performed on the project. Leaving this blank or providing vague descriptions can lead to confusion regarding wage determinations and benefit entitlements.
Inaccurate Reporting of Hours Worked: Accurately reporting the hours each employee worked, including distinguishing between regular hours, overtime, and any other applicable categories, is crucial. Errors in this section can affect the calculation of wages and potentially violate labor regulations.
Omission of Fringe Benefits Details: The WH-38 form requires detailed information regarding fringe benefits, including whether benefits are paid to approved plans, funds, or programs, or in cash. Neglecting to provide this information, or providing incomplete details, can misrepresent the true compensation employees receive beyond their standard wages.
Incorrect or Missing Signature and Date: The form must be signed and dated by an authorized party from the contractor or subcontractor company. An unsigned form, or one lacking the correct date, is not legally valid and can result in delays or the rejection of the form by the BOLI (Bureau of Labor and Industries).
By addressing these common errors when completing the Oregon Payroll WH-38 form, employers can ensure compliance with labor laws and protect both their interests and those of their employees.
When managing payroll for individuals working on projects subject to certain state and federal labor laws in Oregon, the WH-38 form plays a critical role. However, several other documents often accompany this form to ensure compliance and streamline the payroll process. Understanding these supplementary forms and documents can help employers maintain accurate records and adhere to regulatory requirements efficiently.
Each of these documents plays a unique role in the payroll and employment process, providing necessary information to ensure compliance with various laws and regulations. By maintaining proper records and staying informed about the required documentation, employers can navigate the complexities of payroll management more effectively. Attention to detail in completing and filing these forms not only helps in maintaining good standing with regulatory agencies but also supports a transparent and fair work environment.
The Form WH-347, "Payroll (For Contractors Optional Use)" from the U.S. Department of Labor is notably similar to the Oregon WH-38 form, sharing a primary purpose of documenting compliance with wage regulations. Both forms require detailed employee wage information, classification, and hours worked, offering a structured format for contractors to report that they are adhering to the designated wage determinations and regulations, such as the Davis-Bacon Act for the WH-347 and similar state laws for the WH-38. Each serves to certify that workers are receiving their deserved wages and benefits, with sections dedicated to declarations by the signatory party to affirm the truth of the provided information.
The Certified Payroll Report forms used by various states, while each tailored to specific regional requirements, share a core objective with Oregon's WH-38 form: ensuring labor compliance on public works projects. These forms generally include information on the project, contractor details, employee wages, hours worked, and deductions, similar to the structure and content of the WH-38. The principal purpose is to certify that employees are paid at least the prevailing wages as required by law, reinforcing the commitment to fair labor standards on projects funded by taxpayer dollars.
The Statement of Compliance Form, often accompanying certified payroll reports, parallels the certified statement section of the Oregon WH-38 form. It is a legal declaration that the contractor or subcontractor has complied with the relevant wage laws and regulations, including paying the appropriate prevailing wages and benefits. This document requires a signature and date, similar to the WH-38, solidifying the legal statement of compliance and serving as a deterrent against submission of false or misleading information about wages and benefit payments to workers.
The Fringe Benefits Statement, although a more focused document, is related in purpose and content to parts of the WH-38 form that detail fringe benefit payments. It specifically addresses the aspect of certifying that fringe benefits or equivalent cash payments are made to workers, a requirement under certain labor standards acts like the Davis-Bacon Act. The WH-38 includes sections for reporting both direct wage payments and fringe benefits, making it clear that both forms serve to ensure that every aspect of a worker's rightful earnings, including benefits, are fully reported and correctly paid.
When filling out the Oregon Payroll WH-38 form, it's important to adhere to a variety of dos and don'ts to ensure accuracy and compliance. Here's a streamlined guide to help you navigate the process:
There are several misconceptions about the Oregon Payroll WH-38 form that need to be cleared up for both employers and employees to understand their rights and obligations. Below is a list of common misunderstandings and explanations to correct them:
While it's commonly associated with construction projects due to its requirement under ORS 279C.845 for public works projects, it must be used by both prime contractors and subcontractors in various industries whenever applicable to comply with state and federal laws.
For projects that fall under the specified Oregon Revised Statutes and Davis-Bacon Act requirements, submission of this form is mandatory, not optional. It's a legal requirement to certify that workers have been paid in compliance with prevailing wage laws.
The WH-38 form requires information about each pay period, meaning it must be completed and submitted for every pay period during the course of the project, not just once at the end.
Fringe benefits, both paid and in kind, must be reported on the WH-38 form. The form includes specific sections for reporting hourly fringe benefits or cash equivalents paid to approved plans, funds, or programs for the benefit of the employees.
While the form specifies the need for a signature and date, it does not explicitly prohibit electronic signatures. As practices evolve and digital submission becomes more common, electronic signatures are generally acceptable unless specifically denied by the overseeing agency.
The form requires detailed reporting of not just the wages paid, but also the classification and hours worked by each employee each day, including overtime hours. This comprehensive approach ensures compliance with labor laws regarding wages and working hours.
While certain deductions from wages are permissible, such as those for state and federal taxes, not all deductions require prior approval. However, the form does require that any deductions made be itemized and comply with permissible deductions as specified in ORS 652.610.
Subcontractors are required to fill out sections of the WH-38 form relevant to their role and ensure that their portion of the payroll information is accurate and complete, including the subcontract amount and detailed employee wage information.
While the WH-38 form is critical for documenting compliance with wage laws on public works projects, it is not the only piece of documentation required. Employers must also comply with requests for additional documentation or reporting as required by the Bureau of Labor and Industries or other governing bodies.
Understanding the accurate requirements and purpose of the Oregon Payroll WH-38 form helps ensure that employers are in compliance with state and federal laws, and that employees are receiving their rightful wages and benefits.
The Oregon Payroll form WH-38 plays a crucial role in ensuring compliance with both state and federal regulations concerning worker compensation on public projects. Its effective use demands attention to detail and an understanding of its key requirements. The following are six essential takeaways for anyone tasked with filling out and submitting this form:
Understanding and adhering to the requirements of the WH-38 form is essential for contractors working on public projects in Oregon. It not only ensures compliance with labor standards but also protects workers' rights and promotes fairness in the construction industry.
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