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The Oregon Payroll WH-38 form plays a crucial role in ensuring compliance with state and federal labor laws, particularly for contractors and subcontractors engaged in public works projects. This form is designed to document the wages paid to workers, detailing their hours worked, classifications, and any fringe benefits provided. By collecting essential information such as the business name, project details, and pay period dates, the WH-38 form helps maintain transparency and accountability in payroll practices. It requires contractors to certify that all employees have received their full wages without unauthorized deductions, adhering to both the Oregon Prevailing Wage Rate law and the federal Davis-Bacon Act. The form also emphasizes the importance of proper classification of workers and the registration of apprentices in recognized programs. Accurate completion of the WH-38 is not just a regulatory requirement; it safeguards the rights of workers and ensures fair compensation for their labor. By filing this form with the relevant public agency, contractors affirm their commitment to lawful employment practices and contribute to a fair working environment in Oregon.

Sample - Oregon Payroll Wh 38 Form

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):

 

 

 

Phone: (

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

HOURLY

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

PARTY, PLAN,

FUND, OR

 

 

 

 

 

 

 

RATE

PAID AS

NUMBER

 

STEP IF APPLICABLE)

 

 

 

 

 

 

 

 

directions)

STATE, ETC.

 

FUND, OR

PROGRAM

 

 

 

 

 

 

 

 

 

 

WAGES TO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROGRAM

 

 

 

 

 

 

HOURS WORKED EACH DAY

 

 

EMPLOYEE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OT

ST

OT

ST

OT

ST

OT

ST

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

 

 

(MONTH)

 

(YEAR)

 

 

 

 

 

 

full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said

(CONTRACTOR, SUBCONTRACTOR OR SURETY)

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.

WH-38 (Rev. 11-09)

Click for PDF

Form Information

Fact Name Details
Form Purpose The WH-38 form is used to comply with Oregon's prevailing wage laws.
Governing Law This form is governed by ORS 279C.845, which pertains to public contracts.
Who Uses It Both prime contractors and subcontractors must complete this form.
Information Required Details such as business name, project name, and pay period dates are necessary.
Wage Reporting Employers must report gross wages, deductions, and net wages for each employee.
Fringe Benefits Employers must also detail any fringe benefits provided to employees.
Signature Requirement A certified statement must be signed by the individual responsible for payroll.
Submission This form must be submitted to the public agency associated with the project.
Compliance Failure to comply can lead to civil or criminal prosecution under federal law.
Additional Resources Instructions and additional forms are available on the Oregon Bureau of Labor and Industries website.

Detailed Guide for Filling Out Oregon Payroll Wh 38

Filling out the Oregon Payroll WH-38 form requires attention to detail. This form helps ensure compliance with state and federal labor laws. Follow these steps carefully to complete the form accurately.

  1. Begin by entering the Payroll Number at the top of the form.
  2. In the Business Name (DBA) section, write the name under which your business operates.
  3. Provide your Phone Number in the designated space.
  4. Fill in your CCB Registration Number if applicable.
  5. Enter the Project Name and Project Number.
  6. Specify the Type of Work being performed.
  7. Complete the Street Address and Project Location.
  8. Provide the Mailing Address and Project County.
  9. Indicate the Date Pay Period Began and Date Pay Period Ended.
  10. If you are a prime contractor, complete the section labeled THIS SECTION FOR PRIME CONTRACTORS ONLY. If you are a subcontractor, fill out the section labeled THIS SECTION FOR SUBCONTRACTORS ONLY.
  11. For prime contractors, include the Public Contracting Agency Name and Contract Amount. For subcontractors, enter the Subcontract Amount and the Prime Contractor Business Name (DBA).
  12. Complete the Date Contract Specifications First Advertised for Bid and Date You Began Work on the Project.
  13. In the section for employee information, fill in the Name, Address, and Classification for each employee.
  14. Record the Gross Wages, Deductions, and Net Wages for each employee.
  15. Complete the Certified Statement section with your name, title, and signature. Ensure you include the date.
  16. If applicable, fill out the additional section regarding Fringe Benefits.
  17. Review the form for accuracy before submitting it.
  18. Finally, file the completed form with the public agency associated with your project and attach copies to each payroll submission.

Obtain Answers on Oregon Payroll Wh 38

  1. What is the purpose of the Oregon Payroll WH-38 form?

    The Oregon Payroll WH-38 form is used to comply with state and federal labor laws regarding wage payments on public works projects. It ensures that all workers are paid fairly and according to the established wage rates. This form is essential for both prime contractors and subcontractors to document wages, hours worked, and any benefits paid to employees.

  2. Who needs to fill out the WH-38 form?

    Both prime contractors and subcontractors involved in public works projects must complete the WH-38 form. Each party is responsible for reporting their employees' wages and hours worked. This helps maintain transparency and compliance with labor laws.

  3. What information is required on the form?

    The WH-38 form requires various details, including:

    • Business name and contact information
    • Project name and number
    • Pay period dates
    • Wage rates and hours worked for each employee
    • Fringe benefits provided

    Accurate completion of this information is crucial for compliance and to avoid any potential legal issues.

  4. What happens if the information on the WH-38 form is incorrect?

    Providing false information on the WH-38 form can lead to serious consequences. It may result in civil or criminal prosecution under federal law. Therefore, it is essential to ensure that all details are accurate and truthful. If errors are discovered after submission, they should be corrected immediately to avoid penalties.

Common mistakes

Completing the Oregon Payroll WH-38 form accurately is essential for compliance with state labor laws. However, many individuals make common mistakes that can lead to complications. One frequent error is failing to include the correct business name. This information must match the name registered with the state. Inaccuracies can create confusion and delay the processing of payroll submissions.

Another common mistake involves neglecting to provide a valid phone number. A missing or incorrect phone number can hinder communication between the contractor and the public contracting agency. This oversight may result in missed opportunities to address questions or resolve issues promptly.

Additionally, individuals often forget to fill in the CCB registration number. This number is crucial as it verifies that the contractor is licensed to operate in Oregon. Omitting this information can lead to complications during audits or inspections.

Errors can also occur when indicating the project name and number. Providing incorrect or incomplete details can complicate the tracking of payroll records and compliance with specific project requirements. It is vital to ensure that these details are accurate and clearly stated.

Furthermore, many people overlook the importance of accurately reporting hours worked each day. Misreporting hours can lead to wage disputes and potential legal issues. It is essential to maintain precise records of hours worked to avoid discrepancies.

Another mistake is failing to include all deductions that may apply. The form requires a detailed account of any deductions made from employee wages. Incomplete or incorrect reporting can lead to penalties and issues with compliance.

Some individuals may not be aware of the requirement to report fringe benefits correctly. This includes payments made to approved plans, funds, or programs. Inaccuracies in reporting these benefits can lead to significant repercussions, including financial penalties.

Additionally, individuals sometimes do not verify that all apprentices are registered in a bona fide program. This is a critical requirement, and failing to comply can result in severe consequences for the contractor or subcontractor.

Finally, a common oversight is neglecting to sign and date the certified statement section of the form. This signature is not just a formality; it serves as an affirmation of the truthfulness of the information provided. Omitting this can invalidate the submission and lead to legal issues.

Documents used along the form

The Oregon Payroll WH 38 form is a crucial document for contractors and subcontractors working on public projects. To ensure compliance with state and federal labor laws, several other forms and documents are often used alongside it. Here’s a brief overview of those documents.

  • Oregon Payroll WH 38A: This form is used to report payroll information for employees working on public works projects. It provides detailed wage data, hours worked, and any deductions made.
  • Oregon Bureau of Labor and Industries (BOLI) Wage Rate Schedule: This schedule outlines the prevailing wage rates for various job classifications on public works projects. It helps ensure that workers are paid fairly according to state law.
  • Certified Payroll Report: This report verifies that all workers have been paid the correct wages and benefits. It must be submitted to the contracting agency to confirm compliance with labor laws.
  • Subcontractor Agreement: This document outlines the terms and conditions between the prime contractor and subcontractors. It specifies payment terms, responsibilities, and compliance requirements related to labor laws.
  • Apprenticeship Program Registration: This form ensures that any apprentices employed are registered in a recognized program. It is essential for compliance with both state and federal apprenticeship regulations.
  • Employee Identification Records: These records include information about employees, such as their names, addresses, and job classifications. They help maintain accurate payroll records and compliance with reporting requirements.
  • Tax Forms (W-2, 1099): These forms are necessary for reporting income and taxes withheld for employees and independent contractors. They are essential for tax compliance and year-end reporting.

Using these documents in conjunction with the Oregon Payroll WH 38 form helps ensure compliance with labor laws and protects the rights of workers. Proper documentation is vital for maintaining transparency and accountability in public works projects.

Similar forms

The Oregon Payroll WH 38 form is essential for contractors and subcontractors to report payroll information for public works projects. Several other forms serve similar purposes in different contexts or jurisdictions. Here are six documents that share similarities with the Oregon Payroll WH 38 form:

  • Federal Form WH-347: This form is used for reporting payroll for federally funded construction projects. Like the WH 38, it requires detailed wage information, including hours worked and classifications of laborers.
  • California Certified Payroll Form (DIR Form 100): This document is used in California for reporting payroll on public works projects. It collects similar information, such as wages, hours worked, and classifications, ensuring compliance with state labor laws.
  • Washington State Payroll Form: This form is used for reporting wages on public works projects in Washington. It requires information about hours worked and wages paid, similar to the WH 38, to ensure compliance with state regulations.
  • New York State Certified Payroll Report: This report is required for public work projects in New York. It includes information about employee classifications and wages, mirroring the structure and purpose of the Oregon Payroll WH 38 form.
  • Montana Prevailing Wage Payroll Form: This form is used to report wages on public works projects in Montana. It requires similar data regarding hours worked and wages paid, aligning with the reporting requirements of the WH 38.
  • Texas Certified Payroll Report: In Texas, this form is utilized for public works projects to ensure compliance with prevailing wage laws. It gathers information about employee wages and hours, much like the Oregon Payroll WH 38 form.

Dos and Don'ts

When filling out the Oregon Payroll WH-38 form, it is crucial to ensure accuracy and compliance. Here are six essential do's and don'ts to guide you:

  • Do provide accurate business information, including your DBA, phone number, and CCB registration number.
  • Do clearly list all employees, their classifications, and their wages for the pay period.
  • Do ensure that the payroll period dates are correctly entered to reflect the accurate timeframe.
  • Do confirm that all deductions made are permissible under Oregon law and properly documented.
  • Don't omit any required signatures; ensure the form is signed by the appropriate authority.
  • Don't submit the form without reviewing it for errors or inconsistencies.

Misconceptions

The Oregon Payroll WH-38 form is essential for compliance with state and federal labor laws, yet several misconceptions surround its use. Below are ten common misunderstandings:

  1. Only contractors need to fill out the form. Both prime contractors and subcontractors are required to complete the WH-38 form, ensuring compliance at all levels of the project.
  2. The form is optional for public projects. Submission of the WH-38 form is mandatory for public contracts as stipulated by Oregon law and federal guidelines.
  3. Filling out the form is a one-time requirement. The WH-38 must be submitted with each payroll period, not just once at the beginning of the project.
  4. Only wages need to be reported. The form requires detailed reporting of both wages and fringe benefits, which must be accurately documented.
  5. There are no penalties for incorrect submissions. Willful falsification or inaccuracies can lead to civil or criminal prosecution, emphasizing the importance of accuracy.
  6. Apprentices do not need to be registered. Apprentices must be registered in a bona fide program recognized by the appropriate state or federal authorities.
  7. Only hourly workers are covered by the form. The WH-38 applies to all laborers and mechanics, regardless of their payment structure, including salaried employees.
  8. The form is the same for all projects. While the WH-38 is standardized, specific project requirements may necessitate additional information or documentation.
  9. Submitting the form guarantees compliance. Proper completion and submission do not automatically ensure compliance; ongoing adherence to wage laws is essential.
  10. The form does not need to be signed. A signature from an authorized party is required, affirming the truthfulness of the information provided in the form.

Understanding these misconceptions can help ensure that all parties involved in public contracts in Oregon remain compliant with labor laws and regulations.

Key takeaways

When filling out the Oregon Payroll WH-38 form, there are several important points to keep in mind:

  • Accurate Information is Key: Ensure all details, such as business name, project name, and contact information, are correct. Mistakes can lead to delays or compliance issues.
  • Understand Your Role: Different sections of the form are designated for prime contractors and subcontractors. Fill out the appropriate section based on your status.
  • Document Pay Periods: Clearly indicate the start and end dates of the pay period. This helps in tracking wages accurately.
  • Compliance with Wage Laws: Familiarize yourself with Oregon wage laws and the federal Davis-Bacon Act. Ensure that all wages and benefits meet the legal requirements.
  • Certify Your Statements: The form requires a certification that all information is true and complete. Sign and date the form to validate your submission.

By following these guidelines, you can ensure that your use of the Oregon Payroll WH-38 form is smooth and compliant with state regulations.