The Oregon Payroll WH-38 form is a document used by contractors and subcontractors to report payroll information for public works projects. This form ensures compliance with state and federal wage laws, including the Oregon Prevailing Wage Rate law and the Davis-Bacon Act. Accurate completion of the WH-38 is essential for maintaining transparency and legality in payroll practices on public contracts.
The Oregon Payroll WH-38 form is a crucial document for contractors and subcontractors involved in public works projects in the state of Oregon. This form serves multiple purposes, primarily ensuring compliance with state and federal wage laws, including the Oregon Prevailing Wage Rate (PWR) law and the federal Davis-Bacon Act. It collects essential information about the project, such as the business name, project location, and pay period dates. The form requires contractors to report detailed payroll information, including employee classifications, hours worked, gross wages, and any fringe benefits provided. By signing the certified statement section, contractors affirm that all workers have been paid appropriately and that no illegal deductions have occurred. It is important to note that the form must be submitted alongside payroll records to the relevant public agency, reinforcing transparency and accountability in labor practices. Understanding the WH-38 form is vital for maintaining compliance and avoiding potential legal issues, making it an indispensable tool for those in the construction and contracting industries.
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.
In Home Daycare Requirements Oregon - The inclusion of contact information for the Direct Pay Unit (DPU) and detailed submission instructions underlines the process for formalizing a provider’s listing with DHS.
Money Agreement Oregon - Explicitly addresses how possession of the property will be transferred upon closing, including how existing tenancies are handled.
For those interested in simplifying the rental process, the Illinois PDF Forms provides a convenient and efficient way to access the necessary application forms, ensuring that both landlords and prospective tenants have the essential tools to facilitate a smooth transaction.
How to Establish Paternity in Oregon - The form facilitates the legal acknowledgment of a father to a child born out of wedlock, solidifying the paternal bond.