1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. Questions?