DOL Further Delay of Effective Date of Final Rule on Computation of Prevailing Wage Levels

As noted by NAFSA, on January 14, 2021, the Department of Labor (“DOL”) under the Trump administration published the final rule “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” This was a response to federal courts having set aside the October 8, 2020 interim final rule with the same name.  

This final rule will change how DOL computes Level I through Level IV wage rates when it uses Occupational Employment and Wage Statistics (OEWS) wage date to make a National Prevailing Wage Center (NPWC) prevailing wage determination or to certify an LCA that relies on OES wage data. This would raise the prevailing wage determinations in each OEWS-based wage level. 

The implementation of this rule was delayed on March 12, 2021, and has recently been delayed again. On May 12, 2021, DOL published a final rule stating that the effective date would be further delayed until November 14, 2022, and the corresponding phased transitions dates have been delayed until January 1, 2023, January 1, 2023, January 1, 2025, and January 1, 2026, respectively. 

(Link to Department of Labor final rule: https://www.aila.org/infonet/dol-further-delay-of-effective-date-of-final-rule)