This article provides an update to our recently published article, found here.
Department of Labor (DOL) announced on Thursday, December 3, 2020, that it is in the process of updating its Foreign Labor Application Gateway (FLAG) system to comply with the CA federal district court’s order earlier this week.
As of today, DOL has already reverted its OES wage data to pre-October 7, 2020 figures, and has made this data available on the FLC Data Center website. This wage data is expected to remain effective through June 30, 2021.
Note the following temporary changes as DOL updates its FLAG system:
- Employers and their authorized attorneys or agents cannot submit new LCAs that use the pre-October 7, 2020 OES data until 8:30AM Eastern Time on December 9, 2020.
- All currently pending prevailing wage applications are on temporary hold; processing will resume on December 15, 2020, and the new OES figures will be applied where OES survey data is the prevailing wage source requested.
- Employers with prevailing wage determinations issued using the 10/8/2020-6/30/2021 wage source year data may request review by the NPWC Director under 20 CFR 656.41 on or before January 4, 2021. The instructions for requesting review can be found here.
