Update to DOL IFR Set Aside

On December 1, 2020, the U.S. District Court for the Northern District of California set aside the Interim Final Rule (IFR) of the U.S. Department of Labor (DOL) which had redefined the four different prevailing wage levels. In response to this order, the DOL’s Office of Foreign Labor Certification (OFLC) announced last night on its website (dol.gov/agencies/eta/foreign-labor) a time line by which it will be updating the FLAG system to incorporate the pre-IFR wage data. It also set forth details on how to seek a redetermination of any prevailing wage determinations issued in accordance with the IFR wage system.

Of note:

• FLAG will be disabled between 6:00AM and 8:30AM (EDT) on Friday, December 4, 2020.
• Employers, however, will not be able to file Labor Condition Applications (LCAs) until after 8:30AM on Wednesday, December 9, 2020 if the OES survey data is the prevailing wage source.
• LCAs using other wage sources can be filed after 8:30AM on Friday, December 4, 2020.
• Employers can continue to file prevailing wage applications.
• OFLC however will pause processing prevailing wage applications until after 8:30AM on December 15, 2020.
• For those prevailing wage determinations issued using the IFR wage data, employers may seek a redetermination between now and 1/4/2021 despite the usual 30-day deadline.

The above has been provided for informational purposes only. Stay tuned for more updates.