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Navigating the Four Levels of
Prevailing Wage
Suzanne SeltzerKlasko Rulon Stock & Seltzer
Jeanne KelleyBoston University
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
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
Institutional Policy Considerations
Should your institution always request a
SWA wage?
How should you determine minimum
requirements consistently?
Challenging erroneous SWA
determinations
Communicating with hiring departments
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)
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.
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
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
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
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
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
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
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
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
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
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
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?
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?
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
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
Post-doc Research Associate
Microbiologist
19-1021
Ph.D. Job Zone 5
0 0 0
Ph.D.
Appendix ACode 2
Ph.D.0
0 0 0
0 0 0
1
Statistical Programmer
Statistician
15-2041
Master’s degree
+4 years
experience
Job Zone 5
4 yearsOver 4 years 0
Masters 0
Statistical Data
Analysis in research setting
Considered a special
skill? 1
0
2
Code 3---
Masters
Assistant Clinical Professor
Health Spec. Teachers, Post-Sec.
25-1071
MD or equiv.+
3 yrs Rad.Trng., 1 yrFellowship
JobZone 5
0 0 0
M.D. Doctoral degree
0
Mass. Medical License
License normal to entry level
0
No -- 0
Query whether training requirements will result in added wage level
1
Assistant Professor
Surgeon
29-1067
MD or equiv.+
5 yrs Res.2 yrs Fellow.
Job Zone 5
0 0 0
M.D. 0
Mass. Medical License
“Normal” 0
0 0 0
1
M.D.
But, SWA found level 4
Helpful Weblinks:
OES Prevailing Wage Guidance/Worksheetwww.foreignlaborcert.doleta.gov/pdf/Policy_Nonag_Progs.pdf
iCERT portalwww.icert.doleta.gov/
NAFSA iCERT guidancewww.nafsa.org/regulatory_information.sec/the_icert_portal_sy
stem