PERM and the Modern Worker – Roving and Virtual Offices, Travel, Telecommuting, and Employee Incentives Sarah Peterson, DOL Liaison PERM/H-1B Vice-Chair,

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Presentation transcript:

PERM and the Modern Worker – Roving and Virtual Offices, Travel, Telecommuting, and Employee Incentives Sarah Peterson, DOL Liaison PERM/H-1B Vice-Chair, Minneapolis, MN Kevin Miner, DOL Liaison Chair, Atlanta, GA

Differences between Travel, Roving, and Telecommuting Assessing travel requirements in PERM applications Does “de minimus” travel exist? Determining whether travel is a requirement What is a “roving” employee? Roving v. Relocation Roving v. Long-term travel Roving v. continuous travel to defined multiple worksites What is telecommuting? Mandatory telecommuting vs. optional telecommuting Full-time v. part-time telecommuting

Drafting & Recruitment Considerations Impact on Prevailing Wage? Travel Roving Telecommuting Drafting the ETA Form 9141 and ETA Form 9089 What to include in the newspaper ads and other recruitment Where to post the Notice of Filing Selecting the three additional forms of recruitment

Evaluating Applicant Qualifications Can telecommuting be a requirement? Telecommuting from a determined location Communicating telecommuting options and requirements to applicants Ensuring a good faith labor market test

Virtual Offices What is a virtual office? What is the location of the job? Practical problems proving the company address Where to post the Notice of Filing? Options for proving the physical address of a virtual employer

Benefits and Employee Incentives What is a Benefit? Impact on Prevailing Wage? Benefits employers must disclose: Housing Telecommuting Travel Emerging Employee Incentives: Stock Options? Extended PTO? Flex schedules? Company Car? Travel-based cost of living adjustments

Post-filing and Post-Approval Issues Change of worksite address: Within the same MSA To a different MSA Telecommuting becoming or ceasing to be an option Headquarters location change

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