1. Navigating the Four Levels of Prevailing Wage Suzanne Seltzer Klasko Rulon Stock & Seltzer Jeanne Kelley Boston University

2. 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

3. 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

4. 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

5. 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)

6. 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.

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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?

18. 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?

19. 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

20. 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

21. Let’s Test This Out!

26. Post-doc Research Associate Microbiologist 19-1021 Ph.D. Job Zone 5 0 0 0 Ph.D. Appendix A Code 2 Ph.D. 0 0 0 0 0 0 0 1

30. Statistical Programmer Statistician 15-2041 Master’s degree + 4 years experience Job Zone 5 4 years Over 4 years 0 Masters0 Statistical Data Analysis in research setting Considered a special skill? 1 0 2 Code 3 --- Masters

34. 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 No -- 0 2

38. Assistant Professor Surgeon 29-1067 MD or equiv. + 5 yrs Res. 2 yrs Fellow. Job Zone 5 0 0 0 M.D.0 MA License + 7 yrs trng “Normal” 1 0 0 0 2 M.D. But, SWA found level 4

40. 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

41. Questions?