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The Oregon Payroll WH-38 form serves a critical role in ensuring compliance with state and federal labor laws, particularly in the realm of public contracting. Designed for use by both prime contractors and subcontractors, this form collects essential information regarding wages, hours worked, and benefits provided to employees on public works projects. It requires details such as the business name, project name, and the specific type of work being performed. Additionally, it mandates the disclosure of wage rates, deductions, and fringe benefits, ensuring that all employees receive fair compensation as stipulated by the law. The WH-38 form not only facilitates transparency in payroll practices but also helps to protect workers' rights by confirming that no illegal deductions or rebates have occurred. Furthermore, it includes a certified statement section that must be signed by a responsible party, affirming the accuracy of the information provided and compliance with applicable wage regulations. This form is an indispensable tool for maintaining accountability in public contracting and safeguarding the interests of workers engaged in these projects.

Common mistakes

  1. Incomplete Information: Failing to fill out all required fields can lead to delays. Each section, including business name, project details, and contractor information, must be fully completed.

  2. Incorrect Dates: Entering the wrong pay period dates can create confusion. Ensure that the start and end dates accurately reflect the payroll period.

  3. Missing Signatures: Not signing the certified statement section can invalidate the form. A signature is essential to confirm the accuracy of the information provided.

  4. Improper Classification: Misclassifying employees can result in compliance issues. Each worker's classification must match the work they performed.

  5. Omitting Fringe Benefits: Failing to report fringe benefits accurately can lead to penalties. All applicable benefits must be included in the calculations.

  6. Incorrect Wage Rates: Entering wage rates that do not meet the required standards can cause legal problems. Ensure that the rates comply with the applicable wage determinations.

  7. Failure to Attach Required Documents: Not attaching necessary copies of the form can hinder processing. Always include copies with payroll submissions.

  8. Ignoring Instructions: Overlooking specific instructions related to the form can lead to errors. Review the guidelines carefully to ensure compliance.

Listed Questions and Answers

What is the Oregon Payroll WH-38 form used for?

The Oregon Payroll WH-38 form is a certified statement that contractors and subcontractors must complete to comply with state wage and hour laws, specifically ORS 279C.845. This form ensures that workers on public contracts are paid fairly and that all payroll records are accurate and complete. It serves as a declaration that employees have received their full wages without unauthorized deductions.

Who is required to fill out the WH-38 form?

Both prime contractors and subcontractors involved in public works projects in Oregon are required to fill out the WH-38 form. Each party must provide their specific information, including business name, project details, and payroll information for the employees working on the project.

What information is needed to complete the WH-38 form?

To complete the WH-38 form, you will need to provide:

  • Business name and contact information
  • Project name and number
  • Type of work being performed
  • Pay period dates
  • Employee details, including hours worked and wages paid
  • Information regarding fringe benefits
  • Signatory details, including name and title

What are fringe benefits, and how should they be reported?

Fringe benefits refer to additional compensation provided to employees beyond their basic hourly wage. This can include health insurance, retirement contributions, and other benefits. When completing the WH-38 form, it is essential to report these benefits accurately. You must specify whether they are paid to approved plans or in cash, and detail the amounts accordingly.

What happens if the WH-38 form is not completed correctly?

Failure to complete the WH-38 form correctly can lead to serious consequences. Inaccurate information may result in penalties, including fines or legal action. Moreover, it can jeopardize your eligibility for future contracts. Ensuring that all information is accurate and complete is crucial for compliance with state and federal laws.

Where should the completed WH-38 form be submitted?

The completed WH-38 form must be filed with the public agency associated with the project. It is important to attach copies of this form to each payroll submission related to the project. Keeping accurate records and timely submissions helps maintain compliance and ensures smooth project operations.

Are there any resources available for assistance with the WH-38 form?

Yes, additional resources and instructions for completing the WH-38 form are available on the Oregon Bureau of Labor and Industries website. This site provides guidance on compliance requirements, as well as access to other necessary forms. Utilizing these resources can help clarify any questions you may have during the completion process.

Form Specifications

Fact Name Details
Purpose The Oregon Payroll WH-38 form is used to report payroll information for public works projects, ensuring compliance with state wage laws.
Governing Law This form is governed by ORS 279C.845, which outlines the requirements for public contracts in Oregon.
Contractor Obligations Contractors must certify that all employees have been paid the full wages earned without unauthorized deductions.
Fringe Benefits Employers must report any fringe benefits provided to employees, either through approved plans or as cash payments.
Submission Requirement Copies of the WH-38 form must be attached to each payroll submission for the project to ensure compliance with reporting requirements.