On July 31, 2025, Oregon Gov. Tina Kotek signed HB 2688 into law. The bill, which applies to contracts for “public works” projects entered into on or after July 1, 2026, requires contractors to pay prevailing wages for certain off-site custom work. A public works project in this instance is any project administered by a public entity that costs more than $50,000 or uses at least $750,000 in public funds. This off-site custom work, sometimes referred to as “bespoke” work, is defined broadly and includes numerous systems and components such as HVAC systems, electrical systems, ornamental and structural ironwork, and masonry and plaster systems or components.
Earlier this year, our colleague Josh Dennis wrote for the Daily Journal of Commerce an article that analyzed HB 2688 and described significant ambiguity in the law’s definitions and scope. As a way of example, HB 2688 does not address whether the prevailing wage at the project site or the prevailing wage at the off-site location applies to a given project. HB 2688 also does not address whether prevailing wages apply to off-site work occurring in other states or foreign countries.
In an effort to implement and clarify HB 2688, the Oregon Bureau of Labor and Industries (BOLI) published notice of proposed rulemaking on April 14, 2026, with comments due on or before May 31, 2026. While BOLI could change the proposed rules in response to received comments, it is unlikely that any such change would be material (and require...
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