North Marion School District 15 Ex Rel. Trejo v. Acstar Insurance

A contractor that violates the prevailing wage statute must pay a penalty equal to the unpaid wages. ORS 279.356(1).1 I conclude that a contractor violates the prevailing wage statute, and wages are unpaid, when a contractor fails to pay its workers the prevailing wage on the date that wage is due, viz.: the statutorily required payday. ORS 652.120.2

The majority acknowledges that a contractor is required to pay its workers on payday, and that the contractor must pay its workers the prevailing wage on that date. But the majority decides that the contractor does not violate the prevailing wage…