On Tuesday, December 1, 2020, the U.S. District Court for the Northern District of California set aside the U.S. Department of Labor prevailing wage rule that was implemented October 8, 2020.  As a result of the court’s decision, the DOL must re-implement the prevailing wage data in effect prior to October 8.
 
Today the DOL will begin to implement the necessary changes to the Labor Condition Application (LCA) filing system, and those filing LCAs using OES wage data will be temporarily unable to file LCAs.  The DOL projects return to full functionality, with the old OES wage data, on Wednesday, December 9.  Foster anticipates beginning to file LCAs under the old OES wage data on Wednesday.  LCAs filed under alternative wage surveys may be filed prior to Wednesday and will continue as normal.  
 
Those who received Prevailing Wage Determinations (PWD) issued by DOL under the invalidated prevailing wage rule may request redetermination between now and January 4, 2021, in order to request that the PWD be reissued under the correct OES wage data.  It is unclear whether the validity dates on the PWD will be retained or will be updated to the date of issuance of the corrected PWD.
 
Foster will continue to monitor DOL system updates and will make additional information available as appropriate via the Foster website at www.fosterglobal.com.