Mid-Atlantic Prevailing Wage Determinations (PWDs) as of April 2008

USADWEB will be running a monthly feature in the NewsBlast highlighting information regarding Prevailing Wage requests in specific states. In the previous issue, we focused on Maryland. Here are some helpful hints for PWD submissions in other Mid-Atlantic States:

Washington D.C. uses a fax form, and their current processing times are 3-5 business days. If the employer wishes to dispute the PWD, they must contact the Philadelphia regional office of the DOL to appeal.

Delaware allows for both fax and email submission, but may take up to 14 business days to have a determination. DE expects all fields of their form to be filled out, including writing the word “none” where applicable. In case of disagreement, you may resubmit. They will accept a reasonable argument with a justification.

Pennsylvania asks that no abbreviations or acronyms be used. They ask that you allow up to 30 days to process the information, but are currently completing them within about 3 business days. Preferred submission is via fax, and PA allows you to attach a job description. Appeals that are accompanied with a justification may be accepted. Actual work location of the position is critical for obtaining a correct PWD.

New Jersey also uses a fax form, but requests that all information submitted be written on their actual form. They do not accept attachments. Include a complete description for expedited processing. NJ says to allow up to 14 days for processing, especially during temporary peak load determination processing. Currently, requests are being completed within 10 business days.

As always, we believe it is best to fill out forms as completely as possible. The more complete your form is, the better off you’ll be!

South Atlantic Prevailing Wage Determinations (PWDs) as of May 2008

In the previous issue, we focused on Prevailing Wage Determinations (PWDs) for several Mid-Atlantic states. Here are some helpful hints for PWD submissions for some South Atlantic states:

Virginia uses a form that can be mailed or faxed. Current turnaround is 2 business days. During H2B processing season, it may take up to 3 weeks to receive the determination. It is imperative to include job location, duties, and minimum requirements that directly affect the wage. The Virginia DOL stresses the need for clear descriptions, and it is better to spell out technical items and terms.

West Virginia prefers that you send your fax to the attention of the PWD Coordinator for the ALC Unit to the number on the form. The current processing time is about 5 business days, but can typically take up to 2 weeks. West Virginia will provide a tracking number for the case, which is helpful for all future correspondence. The West Virginia DOL stresses that employers should send cover sheets with “reply to” information to address all questions and include an OES code under item #4. Attachments may be used, if necessary.

North Carolina‘s current processing time is up to 14 business days, depending on their workflow, although they attempt to complete determinations within 10 business days. Use the fax form and make sure all education and degree requirements are specified. Do provide specific number of years, not ranges. Also include a complete job description with basic duties, as well as an SOC code. Helpful tip: if the company has a previous determination for that position, you may include it as a reference item with your fax submission.

South Carolina requests that you complete their entire form and be as specific and clear as possible. You may use attachments. Although the website states that there is a 3 to 4 week turnaround, requests are normally returned within 10 business days. Use the fax form and send it to the attention of R. Bryson, PW Analyst.

Georgia‘s standard turnaround is 2 to 3 weeks, and they are currently processing orders within 10 business days. You may fax or email the form to the attention of Y. Little. Full job descriptions must start on the form, but may continue on an attachment if they are longer than the allotted space. You can challenge the determination, and the DOL will allow you to use a published survey to dispute the determination as long as it meets specific criteria.

As always, we believe it is best to fill out forms as completely as possible. The more complete your form is, the better off you’ll be!

State of California Prevailing Wage Determinations (PWDs) as of July 31st, 2008

General Information
California’s State Workforce Agency (SWA) processes Prevailing Wage Determinations (PWDs) in a way similar to many other states. The majority of their PWDs are done via facsimile using a special form that they provide. Although the form has a limited amount of space for a job description, you can continue the description on an attachment. The job description must include education and experience requirements, though alternative education and experience are not required to be listed. This policy appears to be consistent with the Department of Labor’s (DOL) published FAQs, which can be found at http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm or by going to the Links section at www.usadweb.com and clicking DOL FAQs.

Jurisdiction Specific Information
What is interesting to note is that CA has published a list of many sources for acceptable alternate wage survey information. In the event that your client’s employer has a different opinion about the prevailing wage, acceptable vetted alternative surveys are available for consideration.

Processing Times
The standard processing time is within 2 weeks. They request that you contact them at 916-262-2321 if you do not receive a determination by that time. The current processing time is about 5-7 business days.

State of Texas Prevailing Wage Determinations (PWDs) as of August 29th, 2008

General Information
The Texas State Workforce Agency (SWA) processes Prevailing Wage Determinations (PWDs) in a way similar to many other states. Their forms must be completed and faxed to 512-463-3055. You can obtain a copy of the form from a link at this site:http://www.twc.state.tx.us/svcs/alc/prevail.html

Additionally, because the form has a limited amount of space for a job description, the description may be continued on an attachment as long as the description begins in the space provided. Please note that the Texas Workforce asks for specific job location information to better determine the wage.

The Texas Workforce makes their determination by selecting from one of four wage levels available for each occupation. The selection is based upon job requirements and the education, training, and experience required for acceptable performance for which the PWD is sought.

Jurisdiction Specific Information
Texas allows employers to submit published surveys from alternative sources, which may even include employer-conducted surveys. Such surveys are acceptable without providing four skill-based wage levels, as long as they contain an arithmetic mean or a median wage salary figure.

Processing Times
The current standard processing time is within 3 business days. The Texas Workforce may take up to 2 weeks during peak processing seasons.

State of Florida Prevailing Wage Determinations (PWDs) as of October 30th, 2008

General Information
Florida’s State Workforce Agency (SWA) processes Prevailing Wage Determinations (PWDs) in a very efficient manner, through online submission. The information is listed athttp://www.floridajobs.org/alc/index.html, the site of the State of Florida’s Agency for Workforce Innovation (AWI). This is the sister site of www.employflorida.com, which is used to place employers’ SWA job orders.

The form is located under item #2 of the AWI’s programs list. You can then click on the link,http://www.floridajobs.org/WPS_ALC/prev_wages.html, for the form, which can be completed and submitted right there online. If you do not have internet access, you can call (850) 921-3371 and request that a form be faxed to you.

FL requests that the job description be brief and contain all job duties specific to the position. There is also a link on the web form to http://www.floridajobs.org/alc/ans12.html, where you can find help with skill level definitions. All fields must be completed, including the email address to which the determination will be sent. Please note that FL asks for specific job locations to more accurately determine the wage.

Jurisdiction Specific Information
Should you wish to dispute the determined wage, you may fax a copy of a recent alternate survey to the AWI office at 850-921-3105. You can also purchase a published survey and provide it as evidence of a wage that differs from the determination you received.

Processing Times
The current standard processing time is 4-5 business days. The FL Workforce may take up to 14 business days during their busy H2B processing season.

State of Illinois Prevailing Wage Determinations (PWDs) as of December 22nd, 2008

General Information
The Illinois State Workforce Agency (SWA) generally processes Prevailing Wage Determinations (PWDs) through fax or mail submission. The forms are available online athttp://www.ides.state.il.us/forms/prevailing_wage/request.pdf. You can also contact an Illinois Department of Employment Security (IDES) specialist by calling (312) 793-3216 to request an email address where you can email the completed form as a PDF attachment.

The IDES provides employers with a helpful tool:http://www.flcdatacenter.com/oeswizardstart.aspx. This site was developed by the State of Utah under contract with the US Department of Labor’s Office of Foreign Labor Certification. It can help you to determine an accurate wage so that you can continue the steps for your case while the PWD is being processed. The link also provides salary information for other states.

IL requests that you keep the job description brief and include all job duties specific to the position. All fields must be completed, including the fax number or mailing address to which the determination will be sent.

Jurisdiction Specific Information
Should you wish to dispute the determined wage, you can fax a copy of a recent alternate survey to the IDES office at (312)-793-3216. You can also purchase a published survey and provide it as evidence of a wage that differs from the determination you received.

Processing Times
The current standard processing time is 14 business days. The PWDs are usually not processed sooner than 10 business days, which is why the IDES tool is so helpful.