What happens if the employers or SWAs do not agree with the prevailing wage determination?
The PERM rules establish guidelines for employers to dispute a SWAs wage finding. If an employer disagrees with the skill level assigned to its job opportunity, or if the SWA informs the employer its survey is not acceptable, or if there are other legitimate bases for such a review, the employer may submit supplemental information to the SWA. The SWA must consider one supplemental submission (though submission of an employer providedwage survey at this point would not be considered to be the single opportunity the employer gets). If the SWA does not agree with the employers request, then it must inform the employer of the reasons for its decision. The employer can either then submit a new wage determination or appeal. The appeal would need to be filed within 30 days to the SWA and the SWA will forward the appeal on to the appropriate DOL PERM processing center. A DOL Certifying Officer would then review the case and affirm the wage, modify the wage or remand the matter to the SWA for f
Related Questions
- What Can An Employer Do If It Does Not Agree With The SWA Prevailing Wage Determination And It Cannot Find A Qualifying Alternate Survey?
- What should all employers remember to do when working on a project covered by a prevailing wage rate determination?
- What happens if the employers or SWAs do not agree with the prevailing wage determination?
