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Free Oregon Payroll Wh 38 Form

The Oregon Payroll WH-38 form is a certified statement used by contractors and subcontractors to comply with state and federal wage laws. This form ensures that all employees are paid fairly and that payroll records are accurately maintained. To fill out the form, click the button below.

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Content Overview

The Oregon Payroll WH-38 form serves a critical function in ensuring compliance with state and federal labor laws, particularly for contractors and subcontractors engaged in public works projects. This form is used to document wages paid to employees, including detailed information about the hours worked, classifications, and any fringe benefits provided. It requires essential details such as the business name, project name, and contract amounts, which help establish accountability and transparency in payroll practices. Additionally, the WH-38 mandates that contractors certify the accuracy of the payroll information, affirming that all workers have received their full wages without unauthorized deductions. This certification is vital for maintaining compliance with the Oregon Prevailing Wage Rate law and the federal Davis-Bacon Act, which aim to protect laborers and ensure fair compensation. By requiring detailed reporting and verification, the WH-38 form plays an essential role in safeguarding workers' rights while also holding employers accountable for their payroll practices.

Similar forms

Form WH-34: This form is used for reporting wages paid to workers on public works projects in Oregon. Like the WH-38, it ensures compliance with state wage laws and includes details about employee classifications and pay rates.
Small Estate Affidavit Form: For efficient property transfer, utilize our guideline for Small Estate Affidavit usage to navigate the estate distribution process smoothly.
Form WH-33: This document serves as a certification of payroll records for contractors. Similar to the WH-38, it requires contractors to verify that employees have been paid correctly and that all necessary deductions were made.
Form Davis-Bacon Wage Determination: This federal form outlines the minimum wage rates for various types of laborers on federally funded projects. Like the WH-38, it ensures that workers receive fair compensation according to specific classifications and job types.
Form 941: This is the Employer’s Quarterly Federal Tax Return. While it focuses on tax reporting, it shares similarities with the WH-38 in that both require accurate reporting of employee wages and deductions.
Form I-9: This form is used for verifying the identity and employment authorization of individuals hired for employment in the U.S. It aligns with the WH-38 in ensuring compliance with legal employment practices, although its focus is on eligibility rather than wage reporting.

Preview - 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.________________________ FINAL PAYROLL 

Business Name (DBA): Phone: ( ) CCB Registration Number:

Project Name: Project Number: Type of Work:

Street Address:

Mailing Address:

Project Location:

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:

Phone: ( )

Date Contract Specifications First Advertised for Bid:

Contract Amount:

Subcontract Amount:

Prime Contractor Business Name (DBA):

Prime Contractor Phone: ( )

Prime Contractor’s CCB Registration Number:

Date You Began Work on the Project:

(1)

(2)

(3) DAY AND DATE

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

NAME, ADDRESS AND

EMPLOYEE’S

IDENTIFICATION

NUMBER

CLASSIFICATION

(INCLUDE GROUP #

AND APPRENTICESHIP

STEP IF APPLICABLE)

TOTAL

HOURS

HOURLY

BASE

RATE

HOURLY

FRINGE

BENEFIT

AMOUNTS

PAID AS

WAGES TO

EMPLOYEE

GROSS

AMOUNT

EARNED (see

directions)

ITEMIZED

DEDUCTIONS

FICA, FED,

STATE, ETC.

NET WAGES

PAID

HOURLY FRINGE

BENEFITS PAID

TO BENEFIT

PARTY, PLAN,

FUND, OR

PROGRAM

NAME OF BENEFIT

PARTY, PLAN,

FUND, OR

PROGRAM

HOURS WORKED EACH DAY

Schedule: 5/8 4/10 ; Reg. Hrly. Schd: to.

*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. 05/16) 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.

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. 05/16)

Key takeaways

When filling out and using the Oregon Payroll WH-38 form, it is essential to understand its purpose and requirements. Here are some key takeaways to keep in mind:

Purpose of the Form: The WH-38 form is used to ensure compliance with Oregon's prevailing wage laws and federal regulations, specifically the Davis-Bacon Act.
Who Should Use It: Both prime contractors and subcontractors are required to fill out this form, depending on their role in the project.
Accurate Information: Ensure that all fields are filled out accurately, including the business name, project details, and wage information. Inaccuracies can lead to penalties.
Wage Compliance: The form requires confirmation that all employees have been paid at least the applicable wage rates and that no unauthorized deductions have been made from their wages.
Fringe Benefits: If applicable, document any fringe benefits provided to employees, whether paid to approved plans or in cash. This is crucial for compliance with federal regulations.
Certification Requirement: A designated signatory must certify the accuracy of the information provided. This includes stating that all employees were paid correctly and that no illegal deductions occurred.
Submission Guidelines: Attach copies of the WH-38 form to each payroll submission for the project. Failure to do so may result in compliance issues.

By following these guidelines, you can help ensure that your payroll practices align with Oregon's labor laws and avoid potential legal complications.

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File Details

Fact Name	Details
Form Purpose	The WH-38 form is used to report payroll information for public works projects in Oregon.
Governing Law	This form complies with Oregon Revised Statutes (ORS) 279C.845.
Contractor Requirements	Prime contractors must complete specific sections of the form related to their work.
Subcontractor Details	Subcontractors also have sections to fill out, including the subcontract amount.
Wage Reporting	Employers must report gross wages, deductions, and net wages for each employee.
Fringe Benefits	The form requires information on fringe benefits paid to employees.
Certification Statement	A certified statement must be signed, confirming the accuracy of the payroll information.
Federal Compliance	It also meets requirements of the federal Davis-Bacon Act for certain projects.
Submission Requirement	Contractors must attach this form to each payroll submission for the project.
Website Resources	Additional instructions and forms are available on the Oregon Bureau of Labor and Industries website.

Documents used along the form

The Oregon Payroll WH-38 form is essential for contractors and subcontractors working on public projects in Oregon. It helps ensure compliance with state and federal wage laws. Along with this form, there are several other documents commonly used in conjunction with it. Below are a few important ones.

Oregon Payroll WH-38A Form: This form serves as an additional payroll report for contractors and subcontractors. It provides detailed information about employee wages, hours worked, and deductions. It is often required for projects subject to prevailing wage laws.
Certified Payroll Report: This report verifies that workers have been paid the correct wages and benefits. It includes the same information as the WH-38 form but may also require additional details about fringe benefits and classifications of workers.
Wage Determination Document: This document outlines the minimum wage rates and fringe benefits that must be paid to workers on public projects. It is issued by the Department of Labor and is crucial for compliance with both state and federal wage laws.
Motorcycle Bill of Sale Form: This is a crucial document required when selling a motorcycle, as it provides proof of ownership transfer. For detailed guidance, refer to the Forms Georgia.
Apprenticeship Program Certification: If apprentices are employed on the project, this certification confirms their registration in an approved apprenticeship program. It ensures that the apprentices receive the proper training and wages as required by law.

These documents work together to ensure that all parties involved in public contracting meet the necessary legal requirements. Keeping these forms organized and up to date is vital for smooth project execution and compliance with labor laws.