Oregon Revised Statutes Chapter 652 § 652.198 — Subcontractor recordkeeping requirements related to employee wages on

Subcontractor recordkeeping requirements related to employee wages on construction projects; retainage permitted for noncompliance. (1) Any subcontractor with which a direct contractor has entered into a contract to perform a portion of a construction project within the scope of a construction contract between the direct contractor and an owner shall provide the following records to the direct contractor and the owner, upon the request, respectively, of the direct contractor or the owner: (a) Certified payroll reports, that, at a minimum, include sufficient information for the direct contractor to determine whether a subcontractor has paid in full all wages earned by unrepresented employees who performed work on the project as part of the employees’ total compensation. (b) The name, address and phone number of a contact for the subcontractor. (c) The names of all workers who performed work on the construction project and notation of whether each worker is paid or classified as an employee or independent contractor. (d) The name of any subcontractor with which the first-tier subcontractor contracts. (e) The anticipated contract start date and scheduled duration of work. (f) An affidavit that attests to whether the subcontractor or any of the subcontractor’s current principals have, within the preceding five years, participated in any civil, administrative or criminal proceeding involving a violation of any law providing for payment of wages or imposing a criminal penalty for the violation and the outcome of the proceeding, including damages, fees or penalty amounts paid to workers or a government agency, if any. (2) A subcontractor shall provide the records described in subsection (1) of this section to an authorized third party representative only to the extent that the information contained in the records pertains specifically to the employee on whose behalf the authorized third party representative is acting and to whatever extent that the subcontractor would be lawfully required to disclose such records to the employee if the employee was acting on the employee’s own behalf under ORS 652.750. (3) A subcontractor’s failure to comply with subsection (1) of this section does not relieve an owner or a direct contractor of the liability prescribed by ORS 652.197. (4) Nothing in this section shall alter an owner’s or a direct contractor’s obligation to timely pay a subcontractor under ORS chapter 701, except that an owner and a direct contractor may withhold payment to a subcontractor: (a)(A) Because of the subcontractor’s failure to comply with the request for records under subsection (1) of this section; and (B) In an amount and to the extent that the owner or direct contractor has paid, on behalf of the subcontractor, wages owed to the employees of the subcontractor; or (b) In an amount and to the extent that the owner or direct contractor has paid, on behalf of the subcontractor, wages owed to the employees of the subcontractor. (5) A direct contractor or subcontractor may not disclose personally identifying information about workers who perform work on a construction project except to the extent necessary to comply with federal or state laws. (6) As used in this section, “principal” means a person, including an owner or a direct contractor, that commissions a construction project and that is responsible for the project’s scope, standards and objectives. [2025 c.287 §3]