Transcript 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?
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?
 Will these changes effect policy
decisions?
 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
Ph.D.
0
0
Appendix A
Code 2
Ph.D.
0
0
0
0
0
0
1
Statistical Programmer
Statistician
15-2041
Master’s
degree
+
4 years
experience
Job
Zone 5
4 years
Over 4
years
0
Masters
Code 3
--Masters
0
Statistical
Data
Analysis in
research
setting
Considered
a special
skill?
1
0
2
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
M.D.
Doctoral
degree
0
MA
License
+ 4 yrs
trng
License
normal to
entry level
1
--
0
No
2
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
“Normal”
1
0
0
0
But, SWA found level 4
2
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_sy
stem
Questions?