DOL Set Schedule to Revert Back To Previous Prevailing Wage Data

DOL has promptly set schedules to roll back the prevailing wage data to the previous level in compliance with a  federal court order halting the implementation of the recent wage increase Interim Final Rule (IFR).  

Accordingly the Labor Department will make technical changes to the FLAG system, the FLC Online Data Center, as well as OFLC’s National Prevailing Wage Center.  The following are the scheduled events:

Implementation Timeframe for Technical Changes to FLC Online Data Center

Beginning 12/04/2020, at approximately 12:00PM (Noon) EST, the previous wage data (OES wage data for 7/1/2020 - 10/7/2020) source will be updated at https://www.flcdatacenter.com/ to reflect the correct prevailing wage data for each SOC and area of intended employment through 06/30/2021.   

Implementation Timeframe for Filing LCAs

The FLAG system will continue to process and issue a determination on all LCAs submitted through 12/4/2020 5:59AM EST.  

12/4/2020, 6:00AM - 8:00AM EST, the FLAG system will be temporarily unavailable.  Starting around 8:30AM EST, the FLAG system will be back online; however, users will temporarily not be able to submit applications for processing where OES survey data is the prevailing wage source.

Beginning 12/9/2020, 8:30AM EST, users will be able to submit new LCAs using the OES survey data that was in effect on October 7, 2020 (old data). 

Implementation Timeframe for Processing PERM Prevailing Wage Determinations

OFLC’s National Prevailing Wage Center (NPWC) has temporarily paused processing pending Form ETA-9141s (Prevailing Wage Determination Requests) for use in filing LCA and PERM applications.  However, users may continue to file new requests for a prevailing wage determination. 

Beginning around 12/15/2020, 8:30AM EST, OFLC’s NPWC will resume processing all pending and new Form ETA-9141s for use in filing LCA and PERM applications, and will use the OES survey data that was in effect on October 7, 2020 for prevailing wage determinations where the OES survey data is the prevailing wage source. 

Request for Review of a PWD Issued Under the IFR

Employers may request for a review of a PWD issued using the 10/8/2020-6/30/2021 wage source year data (with higher wages) under the IFR on or before 01/04/2021.