Alert: View AILA’s Coronavirus (COVID-19) Resource Center

DOL Interim Final Rule on Computation of Prevailing Wage Levels

DOL interim final rule (IFR) amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. The IFR is effective 10/8/20, with comments due 11/9/20. (85 FR 63872, 10/8/20)

DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Parts 655 and 656

[DOL Docket No. ETA–2020–0006]

RIN 1205–AC00

Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States

ACTION: Interim final rule; request for comments.


Per DOL OFLC:

The IFR will only apply to the following:

  • An Application for Prevailing Wage Determination, Form ETA-9141, pending with OFLC's National Prevailing Wage Center (NPWC) as of the effective date of the regulation;
  • An Application for Prevailing Wage Determination, Form ETA-9141, filed with the NPWC on or after the effective date of the regulation; and
  • A Labor Condition Application for Nonimmigrant Workers (LCA), Form ETA-9035/9035E, filed with OFLC on or after the effective date of the regulation where the OES survey data is the prevailing wage source, and where the employer did not obtain the prevailing wage determination from the NPWC prior to the effective date of the regulation.

Implementation Schedule:

  • On October 8, 2020, employers and their authorized attorneys or agents will be able to:
    • Access revised OES prevailing wage data for each SOC and area of intended employment at https://www.flcdatacenter.com/;
    • Use the Foreign Labor Application Gateway (FLAG) system to submit LCAs at https://flag.dol.gov/; and
    • Continue to submit requests for prevailing wage determinations using the FLAG system.
  • On October 13, 2020, the NPWC will begin issuing prevailing wage determinations using the revised OES prevailing wage data computed for the Interim Final Rule. This brief delay in issuing wage determinations is necessary to complete the required technical changes to the FLAG system's internal prevailing wage determination module and reduce the risk of unintended system problems or errors that may impact customers and OFLC staff.
  • OFLC will continue to issue non-OES based prevailing wages (e.g. employer-provided surveys or collective bargaining agreements) without delay.

View IFR Implementation FAQs

[This functionality does not work on your device. Please use the download button to access the PDF. A separate PDF reading app may be necessary.]

Cite as AILA Doc. No. 20100638.

Open the Document