Special Project Oversight Committee (SPOC) Report #1

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(1) Every public contract shall aLso contain a clause or condition that, if the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the proper officer or officers representing the state, county, school district, municipality, municipal corporation or subdivision thereo~ as the case may be, may pay such claim to the person fiirnishing the labor or services and charge the amount of the payment against funds due or to become due the contractor by reason of such contract. (2) The payrnent of a claim in the matuier authorized in this section shall not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. D.1.03 Condition concerning hours of labor (ORS 279.316) (1) Every public contract shall aLso contain a condition that no person shall be employed for more than eight hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. (2) In the case of contracts for personal services defined in ORS 279.051, the contract shall contain a provision that the laborer shall be paid at least time and a half for all overtirne worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections ~,; 201 to 209 from receiving overtime.