Key Points
- DOL has published a final rule to delay the implementation of the Prevailing Wage rule (Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States) until November 14, 2022
- The Prevailing Wage rule was scheduled to take effect on May 14, 2021
- DOL is delaying the rule’s implementation again to consider the legal and policy issues that the rule raises
- Input from the public is welcome through June 1, 2021 on prevailing wage data and methods used to determine prevailing wages
Overview
Today, the Department of Labor (DOL) published a final rule in the Federal Register to further delay the effective date of the rule titled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The rule’s effective date is now November 14, 2022.
What are the Changes?
Originally, the Prevailing Wage rule was scheduled to take effect on March 15, 2021. Its implementation date was then delayed until May 14, 2021. The DOL just published a final rule further delaying the effective date for an additional 18 months until November 14, 2022. The agency will also delay the rule’s corresponding transition dates until January 1, 2023, January 1, 2024, January 1, 2025, and January 1, 2026, respectively.
What Should Employers and Applicants Know?
Delaying the Prevailing Wage rule’s effective date gives the DOL sufficient time for a full consideration of the legal and policy issues that the rule raises. Through a Request for Information (RFI), the agency will accept information from the public on prevailing wage data and methods used to determine prevailing wages through June 1, 2021. The agency will review information collected during that time and may take additional action if necessary.
Looking Ahead
The Prevailing Wage rule is subject to ongoing litigation. Updates will be provided as available.
