Or. Admin. Code § 839-015-0400

Current through Register Vol. 63, No. 10, October 1, 2024

Section 839-015-0400 - Records Required to Be Made and Maintained by Contractor

(1) All labor contractors shall make and maintain for a period of three years records necessary to determine their compliance with ORS 658.405 to 658.475 and these rules.

(2) Records necessary to determine compliance with ORS 658.405 to 658.475 and these rules include, but are not limited to records of:

(a) The name and address of each worker (address includes both the permanent and local addresses of the worker);

(b) The name and address of each subcontractor;

(c) The work classification of each employee;

(d) The rate of monetary wages and fringe benefits, if any, paid to each employee;

(e) The total compensation paid to each employee during each pay period and the date it was paid;

(f) The dates of each employee's employment;

(g) The daily and weekly hours worked by each employee;

(h) Any deductions taken from the employee's total compensation and an explanation thereof;

(i) The actual net wages paid to each employee during each pay period;

(j) The agreements required to be furnished to each worker pursuant to OAR 839-015-0360;

(k) The agreements between the labor contractor and any subcontractors;

(l) The statement of worker's rights and remedies as required by OAR 839-015-0310;

(m) The statement of earnings and the statement of prevailing wage given to each employee as required by OAR 839-015-0370;

(n) The agreements between the labor contractor and farmers or construction property owners;

(o) The physical address of work locations where a property services contractor employs workers in janitorial services and the number of workers it employs;

(p) Demographic data that is voluntarily provided by workers the property service contractor employs in janitorial services relating to race, sex, sexual orientation, national origin, marital status and age.

(q) The contracts between the contractor and the owner or lessee of land intended to be used for the production of timber;

(r) Any advances and payments thereon made to the contractor by a construction property owner, owner or property manager of property where janitorial services are or were to be provided, grower or producer of agricultural goods or owner or lessee of land intended to be used for the production of timber;

(s) Any payroll or other records pertaining to the contractor's business as a labor contractor and the manner in which the contractor conducts such business;

(t) The type and number of any identification the worker produced as evidence of his/her legal presence and legal employability in the United States.

(u) Curricula and documentation of each employee's attendance at trainings required by ORS 658.428 and OAR 839-015-0380, including but not limited to the full names of the trainer, contact information of trainer and date of training.

Or. Admin. Code § 839-015-0400

BL 6-1984, f. & ef. 4-27-84; BL 3-1990, f. & cert. ef. 3-1-90; BLI 12-2001, f. 8-31-01, cert. ef. 9-1-01; BLI 13-2014, f. 11-14-14. cert. ef. 7-1-15; BLI 4-2017, amend filed 11/30/2017, effective 1/1/2018; BLI 7-2018, temporary amend filed 03/13/2018, effective 03/13/2018 through 09/08/2018; BLI 19-2018, amend filed 09/12/2018, effective 9/14/2018

Statutory/Other Authority: ORS 651 & 658.407(3)

Statutes/Other Implemented: ORS 658.405 - 658.503