Oregon Statutes 279C.875 – Criminal liability for intentional failure to pay prevailing wage; rules
(1) A contractor or subcontractor, or an agent of a contractor or subcontractor, may not intentionally:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $125,000 |
(a) Fail to pay an employee of the contractor or subcontractor the prevailing rate of wage as provided in ORS § 279C.840;
(b) Reduce the rate of wage that an employee would ordinarily receive for work that is not subject to ORS § 279C.800 to 279C.870 in order to recoup wages the contractor, subcontractor or agent paid in accordance with ORS § 279C.840;
(c) Withhold, deduct or divert any portion of an employee’s wages except as provided in ORS § 652.610 (3);
(d) Enter into an agreement with an employee under the terms of which the employee performs work on a public works project at less than the prevailing rate of wage; or
(e) Otherwise deprive an employee, permanently or indefinitely, of wages due to an employee under ORS § 279C.840 in an amount that equals or exceeds 25 percent of wages due to the employee under ORS § 279C.840 or $1,000 in a single pay period, whichever is greater.
(2) A violation of subsection (1) of this section is a Class C felony.
(3) In addition to and not in lieu of any action the Commissioner of the Bureau of Labor and Industries may bring under ORS § 279C.870, the commissioner may:
(a) Refer a violation of subsection (1) of this section to a district attorney or the Attorney General for prosecution; and
(b) Adopt rules necessary to implement the provisions of this section. [2016 c.115 § 4]
279C.875 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 279C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.