Navigating the Four Levels of

Prevailing Wage

Suzanne SeltzerKlasko Rulon Stock & Seltzer

Jeanne KelleyBoston 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)

NEW prevailing wage form ETA 9141

State Workforce Agencies (SWA) will no longer be involved in PWD

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

Should your institution always request a

SWA wage?

How should you determine minimum

requirements consistently?

Challenging erroneous SWA

determinations

Communicating with hiring departments

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

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 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

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 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 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 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

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 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

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?

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 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 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 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

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 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

Let‟s Test This Out!

Post-doc Research Associate

Microbiologist

19-1021

Ph.D. Job Zone 5

0 0 0

Ph.D.

Appendix ACode 2

Ph.D.0

0 0 0

0 0 0

1

Statistical Programmer

Statistician

15-2041

Master’s degree

+4 years

experience

Job Zone 5

4 yearsOver 4 years 0

Masters 0

Statistical Data

Analysis in research setting

Considered a special

skill? 1

0

2

Code 3---

Masters

Assistant Clinical Professor

Health Spec. Teachers, Post-Sec.

25-1071

MD or equiv.+

3 yrs Rad.Trng., 1 yrFellowship

JobZone 5

0 0 0

M.D. Doctoral degree

0

Mass. Medical License

License normal to entry level

0

No -- 0

Query whether training requirements will result in added wage level

1

Assistant Professor

Surgeon

29-1067

MD or equiv.+

5 yrs Res.2 yrs Fellow.

Job Zone 5

0 0 0

M.D. 0

Mass. Medical License

“Normal” 0

0 0 0

1

M.D.

But, SWA found level 4

Helpful Weblinks:

OES Prevailing Wage Guidance/Worksheetwww.foreignlaborcert.doleta.gov/pdf/Policy_Nonag_Progs.pdf

iCERT portalwww.icert.doleta.gov/

NAFSA iCERT guidancewww.nafsa.org/regulatory_information.sec/the_icert_portal_sy

stem

Questions?