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Navigating the Four Levels of Prevailing Wage. Suzanne Seltzer Klasko Rulon Stock & Seltzer Jeanne Kelley Boston University. Why Now?. Effective January 1, 2010 Prevailing wage determinations (PWD) will be go to the Department of Labor’s (DOL) National Processing Center (NPC)

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navigating the four levels of prevailing wage

Navigating the Four Levels of Prevailing Wage

Suzanne Seltzer

Klasko Rulon Stock & Seltzer

Jeanne Kelley

Boston University

why now
Why Now?

Effective January 1, 2010

  • Prevailing wage determinations (PWD) will be go to the Department of Labor’s (DOL) National Processing Center (NPC)
  • NEW prevailing wage Form ETA 9141
  • State Workforce Agencies (SWA) will no longer be involved in PWD
why now3
Why Now?

iCERT Portal

  • Web-based user account for both LCA & PERM filings
  • Improve accessibility for employer and attorney while maintaining security
  • Allows for prevailing wage searches
  • All DOL related processes centralized
institutional policy considerations
Institutional Policy Considerations
  • Should your institution always request a SWA wage?
  • Will these changes effect policy decisions?
  • How should you determine minimum requirements consistently?
  • Challenging erroneous SWA determinations
  • Communicating with hiring departments
prevailing wage lingo
Prevailing Wage Lingo
  • Standard Occupational Classification – Occupational Information Network

(SOC-O*NET or O*NET for short)

  • Specific Vocational Preparation (SVP)

(used under the old Dictionary of Occupational Titles)

  • Job Zones

(used under the current O*NET system)

what it means why it is important
What it Means…Why it is Important

SOC-O*NET

  • System of coding/classifying jobs by skills, knowledge and work activities.
  • For prevailing wage determinations - (PWD) - provides the “quantitative parameters” to determine the appropriate wage level through the SVP and job zone standards.
what it means why it is important7
What it Means…Why it is Important

SVP/Job Zone

  • Range of time needed to learn techniques/skills for average performance of a specific occupation
  • In PWD, wage level is assigned based on where the employer’s education and experience requirements fit within this quantitative parameter
corresponding svp job zones
Corresponding SVP & Job Zones
  • Job Zone One:

Occupations that require ‘little’ preparation

  • How much prep? SVP Range: Below 4.0;

under 6 months experience

  • “Normal to the occupation” maximum:

no education, 5 months & 29 days experience

corresponding svp job zones9
Corresponding SVP & Job Zones
  • Job Zone Two:

Occupations require ‘some’ preparation

  • ‘Some’ prep = SVP Range 4.0 < 6.0 over 3 months, up to 1 year
  • Normal to the Occupation

no degree; 1 year experience

corresponding svp job zones10
Corresponding SVP & Job Zones
  • Job Zone Three:

Occupations require ‘medium’ prep

  • ‘Medium’ Prep = SVP Range 6.0 < 7.0

over 1 year, up to 2 years

  • Normal to the Occupation (max)

no degree, 2 Years Experience

corresponding svp job zones11
Corresponding SVP & Job Zones
  • Job Zone Four:

Requires ‘considerable’ prep

  • ‘Considerable’ = SVP Range 7.0 < 8.0

over 2 years, up to 4 years

  • Normal to the Occupation (max)

Bachelors + 2 years, or

4 years experience

slide12
Why?

Because the degree constitutes part of the prep time under SVP:

Bachelor’s Degree = 2 years prep

Master’s Degree = 4 years prep

Ph.D. = 7 years prep

corresponding svp job zones13
Corresponding SVP & Job Zones
  • Job Zone Five:

Requires ‘extensive’ prep

  • ‘Extensive’ = SVP Range 8.0 +

Over 4 years and up

  • Normal to the Occupation

degree plus substantial experience

what is appendix d
What is Appendix D
  • Professional Occupations and Training Categories
  • Lists the “usual education” required for prevailing wage purposes
  • If degree required is above the “usual education,” a higher wage level would be required
what are the four levels
What Are the Four Levels?

LEVEL 1

  • Entry/beginning level
  • Routine tasks, limited exercise of judgment
  • “Under close Supervision”
  • Bottom of SVP Range
  • Consider: Is degree required consistent with degree on Appendix D
what are the four levels16
What Are the Four Levels?

LEVEL 2

  • “Qualified”
  • Moderately Complex Tasks, requiring limited judgment
  • Consider: where does experience & education fall within Job Zone/SVP range
what are the four levels17
What Are the Four Levels?

LEVEL 3

  • Experienced
  • Exercise Judgment
  • Coordinate Activities of Staff
  • More extensive experience is required
  • Consider: Any special skills, supervisory responsibilities required?
what are the four levels18
What Are the Four Levels?

LEVEL 4

  • Plan & Conduct Work
  • Advanced skills and diversified knowledge
  • Management &/or Supervisory
  • Consider: does required education and experience go beyond Job Zone/SVP range?
determining the prevailing wage
Determining the Prevailing Wage
  • STEP 1: List Job Offer Requirements
  • STEP 2: Compare Job Offer Experience requirements with Job Zone/SVP Range
    • At low end of range, add 1 level
    • At high end of range, add 2 levels
    • Outside the range, add 3 levels
determining the prevailing wage20
Determining the Prevailing Wage
  • STEP 3: Compare Job Offer Educational Requirements with DOL Appendix
    • Add a level for each level of education higher than the “usual” degree
  • STEPS 4 – 6: Any special skills, licensure/certification, or supervisory duties? If yes, add a level
slide26

Post-doc Research Associate

Microbiologist

19-1021

Job Zone 5

Ph.D.

0

0

0

Appendix A

Code 2

Ph.D.

Ph.D.

0

0

0

0

0

0

0

1

slide30

Statistical Programmer

Statistician

15-2041

Master’s degree

+

4 years experience

Job Zone 5

Over 4 years

4 years

0

Code 3

---

Masters

Masters

0

Considered a special skill?

Statistical Data Analysis in research setting

1

0

2

slide34

Assistant Clinical Professor

Health Spec. Teachers, Post-Sec.

25-1071

MD or equiv.

+

3 yrs Rad.

Trng., 1 yr

Fellowship

Job

Zone 5

0

0

0

Doctoral degree

M.D.

0

MA License + 4 yrs trng

License normal to entry level

1

No

0

--

2

slide38

Assistant Professor

Surgeon

29-1067

MD or equiv.

+

5 yrs Res.

2 yrs Fellow.

Job Zone 5

0

0

0

M.D.

M.D.

0

MA License + 7 yrs trng

1

“Normal”

0

0

0

2

But, SWA found level 4

helpful weblinks
Helpful Weblinks:
  • OES Prevailing Wage Guidance/Worksheet

www.foreignlaborcert.doleta.gov/pdf/Policy_Nonag_Progs.pdf

  • iCERT portal

www.icert.doleta.gov/

  • NAFSA iCERT guidance

www.nafsa.org/regulatory_information.sec/the_icert_portal_system