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OF O <br />F <br />/g9 <br />BUREAU OF LABOR AND INDUSTRIES, PREVAILING WAGE RATE UNIT <br />INSTRUCTIONS FOR COMPLETING THE PREVAILING WAGE RATE <br />PAYROLUCERTIFIED STATEMENT FORM (WH-38) <br />The Payroll/Certified Statement form (WH-38) may be used by contractors for reporting their payroll as <br />required by ORS 279C.845 on public works projects subject to the Prevailing Wage Rate (PWR) Law. <br />Although this form has not been officially approved by the U.S. Department of Labor (US DOL), it is designed <br />to meet the requirements of the federal Davis-Bacon Act. For projects associated with the U.S. Department <br />of Housing and Urban Development (HUD), contact the public agency (owner) associated with, the project for <br />assistance with payroll reporting. <br />Contractors are not required to use the WH-38 form in reporting their payroll; however, the contractor must <br />provide all of the information contained in the form, including the certified statement on page two. The <br />certified statement must be signed by the contractor, certifying the accuracy of the information reported on <br />the payroll, including representations pertaining to the provision of fringe benefits to employees by third <br />parties, and must be submitted with each weekly payroll report. Detailed instructions concerning the <br />preparation of the form follow: <br />Complete the top third of the form. Be sure to enter the date the contract was first advertised for bid. If you <br />are not sure of this date, contact the public agency (owner) associated with the project. The "Payroll No." is <br />a US DOL requirement and represents the week number for the reporting period. <br />Column 1 - NAME AND ADDRESS: The employee's full name must be shown on each payroll submitted. <br />The employee's address must also be shown on the first payroll submitted. The address need not be shown <br />on subsequent payrolls submitted unless the address changes. The US DOL requires an employee <br />identification number for each individual employee, on each payroll submitted. This number may be, but <br />does not have to be, the last four digits of the employee's social security number. <br />Column 2 - CLASSIFICATION. For assistance in determining the correct classification, use the Bureau of <br />Labor and Industries' publication "Definitions of Covered Occupations for Public Works Contracts in Oregon." <br />On the WH-38, list the classification that is most descriptive of the work actually performed by the employee. <br />Give the group number for those classifications that include such information. Indicate which workers are <br />apprentices, if any, and give their current percentage, classification, and group number when applicable. If <br />an employee works in more than one classification, use the highest rate for all hours worked, or use separate <br />line entries to show hours worked and hourly rates for each classification. <br />Column 3 - DAY AND DATE: Enter the day of the week (M, T, W, Th, F, S, and Sn) in the top row of boxes, <br />and the corresponding date below. <br />HOURS WORKED EACH DAY: Enter the total number of straight time hours worked in the row marked "ST." <br />Generally, hours worked over 8 in a day or work performed on Saturdays, Sundays, and legal holidays <br />should be entered as overtime ("OT") hours worked. Contractors who have adopted and followed a written <br />work schedule of four consecutive 'ten-hour 'days (Monday through Thursday or Tuesday through Friday) <br />may enter hours worked over 10 in a day as overtime hours. For more information on overtime <br />requirements, see the Contractor Responsibilities section of the Bureau of Labor and Industries' publication <br />"Prevailing Wage Rate Laws" handbook. <br />Column 4 - TOTAL HOURS: Enter separately the total number of straight time and overtime hours worked <br />by the employee (in each classification, if applicable) on the PWR project during the week. The total number <br />of straight time hours worked should be entered in the lower box ("ST"); the total number of overtime hours. <br />worked should be entered in the top box ("07). <br />Column 5 - HOURLY BASE RATE: Enter the hourly base rate (plus zone pay, if any) and the hourly <br />overtime rate (plus zone pay, if any) paid to the employee in the appropriate straight time and overtime <br />boxes. (Payment of not less than one and one half times the base rate of pay, including zone pay but not <br />