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Prevailing Wage Laws by State
Last updated November 2026. Twenty-nine states and Washington, DC have their own prevailing wage laws that set minimum wages and fringe benefits on state and locally funded public construction. The other 21 states have no state law, but the federal Davis-Bacon Act still applies to federally funded construction projects over $2,000 in every state.
United States
Click a state to zoom in, then use the arrows to browse all 50 states and DC. Click the state again to return to the full map. States appearing dark blue on the map have their own prevailing wage laws that apply to state and local projects. The other states defer to the U.S. federal Davis-Bacon Act which sets prevailing wage standards for federally funded construction projects.
Zoomed in, open the info panel for state details.
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State-specific prevailing wage laws
State defers to federal Davis-Bacon Act
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
Oregon Prevailing Wage Law
State law
State law: public works over $50,000
State law. Covers construction, reconstruction, major renovation and painting on public works using public agency funds, including federal money in a public agency's control, and the public works portion of private projects with $750,000+ of public funds. Privately owned projects predominantly for affordable housing are exempt. From July 1, 2026 (HB 2688), custom off-site work fabricated or assembled specifically for a public project is covered.
Details
| Statute | ORS 279C.800 to 279C.870; OAR 839-025. ORS 279C.540 (overtime), 279C.845 (certified payroll).Source: BOLI WH-38A instructions (rev. Aug 24, 2026); BOLI prevailing wage page. Last checked October 22, 2026. |
|---|---|
| Dollar thresholds | Over $50,000. Private projects: $750,000+ of public funds. Public works bond ($30,000) unless the project is $100,000 or less and the contractor opts out.Source: BOLI prevailing wage page. Last checked October 22, 2026. |
| Administering agency | Bureau of Labor and Industries (BOLI), Prevailing Wage Rate Unit, (971) 673-0839. Public agencies pay BOLI a fee of 0.1% of the contract price (minimum $250, maximum $12,500) with the WH-81 Notice of Public Works within 30 days of award (ORS 279C.825; OAR 839-025-0200).Source: BOLI prevailing wage page; BOLI 2026 PWR Laws Handbook (June 5, 2026). Last checked October 22, 2026. |
| Where to get wage rates | BOLI rate booklets about twice a year (usually January and July) with amendments around April and October. Rates in effect when the agency first advertises the bid lock for the project (CM/GC: when the contract becomes binding or enters construction). Residential projects use Davis-Bacon residential rates. New occupational definitions effective July 5, 2026.Source: BOLI prevailing wage page. Last checked October 22, 2026. |
| Wages vs. fringes | Base plus fringe; fringe can be paid as wages, credited for bona fide contributions made at least quarterly, or both. Not creditable: paid sick time required by Oregon law, training, drug testing, travel, per diem, workers' comp. Since March 10, 2025, credit can't be figured over less than a month, and the divisor is total hours in the period, public and private.Source: BOLI 2025 rule update (truck drivers and fringe credit); BOLI prevailing wage page. Last checked October 22, 2026. |
| Pay frequency | Regular paydays no more than 35 days apart (ORS 652.120). The prevailing wage law sets no separate pay frequency.Source: ORS 652.120 (public.law); BOLI: Paychecks; BOLI 2026 PWR Laws Handbook (June 5, 2026). Last checked October 22, 2026. |
| Overtime and double time | Daily overtime after 8 hours Monday to Friday (after 10 on an established four-day 4x10). Always overtime on weekends, six legal holidays and hours over 40. Formula: (base x 1.5) + fringe. CBA signatories may follow their CBA instead.Source: BOLI prevailing wage page. Last checked October 22, 2026. |
| Certified payroll forms | WH-38 Payroll/Certified Statement (optional, but all its data and the signed certification are required). Weekly records, submitted to the public agency at least monthly by the fifth business day of the next month. WH-347 alone doesn't satisfy BOLI; use WH-38F on combined jobs. Missing payrolls: agency withholds 25% of the prime's earnings; primes withhold 25% from subs. Keep 3 years.Source: BOLI WH-38A instructions; BOLI prevailing wage page. Last checked October 22, 2026. |
| Electronic filing portal | No contractor upload portal; payrolls go to the public agency. Under HB 2649 (2023; ORS 279C.533), state agencies, public universities and community colleges report workforce and apprentice data in BOLI's Online System for Reporting Information on Public Improvement Projects, within 30 days of final payment (procurements from Jan 1, 2024; primes over $3 million, subs of $750,000+). HB 3216 (2025), a study of a central certified payroll portal, did not pass (stayed in Joint Ways and Means).Source: BOLI prevailing wage page; BOLI HB 2649 FAQ (updated July 2, 2025); HB 3216 (2025) measure overview, Oregon Legislature. Last checked October 22, 2026. |
| EEO and workforce reports | On state agency, university and community college projects under HB 2649 (from Jan 1, 2024; primes over $3 million, subs of $750,000+), contractors track each worker's race/ethnicity, gender and veteran status for the agency's report to BOLI. WH-38E collects apprentice and workforce demographic data when the project asks for it.Source: BOLI HB 2649 FAQ (updated July 2, 2025); BOLI WH-38A instructions. Last checked October 22, 2026. |
| Apprentice ratio rules | Apprentices must be registered and employed by a registered training agent, and the program's journey-to-apprentice ratio (e.g., 1:1 or 2:3) must be met or apprentices get journey pay. Full fringe where listed. HB 2649 projects (state agencies, universities, community colleges): 12% of hours in apprenticeable occupations by apprentices, rising to 15% on Jan 1, 2027; shortfalls cost $15 per hour.Source: BOLI prevailing wage page; BOLI HB 2649 FAQ (updated July 2, 2025). Last checked October 22, 2026. |
| Recent changes | July 1, 2026: HB 2688 covers custom ("bespoke") off-site fabrication for contracts entered on or after that date; BOLI FAQ published June 4, 2026. July 5, 2026: new occupational definitions. June 5, 2026: HB 4027 raised the agency fee cap from $7,500 to $12,500. March 10, 2025: fringe credit calculation rule. Feb 1, 2025: delivery drivers covered when on-site delivery work exceeds 2 hours a day. 2026 PWR Laws Handbook (June 5, 2026 edition).Source: BOLI HB 2688 FAQs (June 4, 2026); BOLI 2026 PWR Laws Handbook (June 5, 2026); BOLI 2025 rule update. Last checked October 22, 2026. |
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
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- Which states have prevailing wage laws?
- Which states don’t have a prevailing wage law?
Which states have prevailing wage laws?
Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, Wyoming, and Washington, DC. Thresholds, covered projects, and reporting rules vary by state, so open any state on the map for its details.
Which states don’t have a prevailing wage law?
Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wisconsin. No state law doesn’t mean no paperwork, though: federal Davis-Bacon rules still apply to federally funded jobs in all of them.
eBacon assigns the right state or federal wage determination to each job, calculates wages and fringe by trade classification, and generates the WH-347 or the state’s certified payroll form in one click. See how eBacon handles prevailing wage payroll →
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