News & Insights

DOL Takes A Second Run At Increasing Its Wages

DOL is publishing its Prevailing Wage Rule on January 14, 2021.  This rule previously went into effect on October 8, 2020, without any notice and significantly increased the DOL wages.  For further details of this rule please refer to our previous article, published on October 9, 2020.

https://www.patellegal.com/dols-interim-final-rule-implements-higher-prevailing-wage-rates/

After the above rule was published, we advised our clients on the use of alternative wage surveys and we are happy to announce that we filed several cases with such surveys and those cases were approved.  The surveys produced much lower wages than the new DOL wages and were not questioned by DOL or USCIS.  For further details regarding the use of alternative wage surveys please refer to our link below:

https://www.patellegal.com/use-of-alternative-wage-surveys-to-overcome-the-new-dol-wage-rates/

The previous wage rule was struck down in Federal Court because the government did not follow transparency procedures and they also dismissed the government’s argument that the wage rule was enacted as an emergency response to the pandemic.

Although the rule is being published on January 14, the rule is not expected to take place until 60 days after publication.  Furthermore, President-Elect Biden has indicated that on his first day as President he will issue a memo to delay the effect of any regulations that were created after the election, which means that the new DOL wage rule will further be delayed.  Our hope is that this rule will never see the light of day.

PLG Attorneys will continue to monitor the situation and provide updates as necessary.  If you have questions about the above or any other immigration-related matters please reach out to PLG Partner Chris Prescott at cprescott@patellegal.com, or Attorney Monique Mutombo at mmutombo@patellegal.com.

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