NPWC No Longer Issuing Prevailing Wage Based on Employer Surveys

From: USADNEWS Volume VIII, Issue 8 December 2014

As of December 8, 2014 the National Prevailing Wage Center (NPWC) will no longer issue prevailing wage determinations (PWD) based on employer provided wage surveys for H-2B applications. This is a result of the Court order issued on December 5, 2014 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, No. 14-3557 (3rd Cir.), which vacated the portion of the H-2B wage rule at 20 CFR § 655.10(f) and the 2009 Wage Guidance that permitted the use of alternative surveys.

Prevailing wage determinations for any requests that are currently pending will be issued based upon the appropriate Occupational Employment Statistics (OES) wage for the occupation. Employers who have already received a PWD based on an employer provided survey, but who have not yet received a final determination, will be notified of their new wage obligation when they receive their certification letters. Any employers who seek to utilize a Service Contract Act or Davis Bacon Act wage determination, or a wage based on a Colletive Bargaining Agreement, may request redetermination under 20 CFR § 655.10(g).