DOL Speaks on CATA III, H-2B Prevailing Wage Determinations

"Effective December 8, 2014, the Department is no longer issuing prevailing wage determinations in the H-2B program based on employer provided wage surveys.  This action is in response to the Court order entered December 5, 2014 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, No. 14-3557 (3rd Cir.).  The Court's order vacated the portion of the H-2B wage rule (20 CFR § 655.10(f)) and 2009 Wage Guidance permitting the use of such surveys.  Therefore, Prevailing Wage Determination Requests currently pending with the National Prevailing Wage Center that seek to utilize employer provided surveys will be given the appropriate Occupational Employment Statistics (OES) wage for the occupation. Employers who wish to utilize a Service Contract Act or Davis Bacon Act wage determination or a wage based on a Collective Bargaining Agreement may request redetermination under 20 CFR § 655.10(g).  Employers whose prevailing wage determination was based an employer provided wage survey, but whose H-2B Applications for Temporary Employment Certification have not yet resulted in a final determination by the Chicago NPC, will be notified of their new wage obligation along with their certification letters." - DOL, Dec. 9, 2014.