US District Court Settlement Agreement Reporting Requirement

In accordance with a settlement agreement reached in a consolidated lawsuit, Purdue University, et al., v. Scalia, et al., filed in the U.S. District Court for the District of Columbia (No. 20-cv-3006) See also Stellar IT, Inc. et al. v Scalia, et al. (No. 20-cv-3175), the Office of Foreign Labor Certification is making the following reports available to keep the general public informed about the reissuance of certain Prevailing Wage Determinations (PWDs) issued under the Department of Labor’s Interim Final Rule (85 FR 63872) of October 8, 2020.

As of February 16, 2021, the Office of Foreign Labor Certification has completed reissuance of Phase I and Phase II PWDs in accordance with the settlement agreement.

Phase I: High Priority PWDs

The final report on reissuance of PWDs under one or more high priority categories is available here (updated as of February 17, 2021).

Phase II: Emergency Situations

IMPLEMENTATION OF DISTRICT COURT ORDER (12/01/2020)
PWD Reissuance Request Timeframe Requests Received
(excluding Phase I Eligible PWDs)
Requests Processed Requests Pending*
Dec 4, 2020 – Jan 29, 2021 3,009 2,936 74

*Indicated the number of pending requests that were automatically eligible for Phase II reissuances as Emergency Situations under the Department’s settlement agreement with the District Court and incorporated into the below report.

IMPLEMENTATION OF DISTRICT COURT SETTLEMENT AGREEMENT 01/22/2021)
PWD Reissuance Request Timeframe Requests Received
(excluding Phase I Eligible PWDs)
Requests Processed Requests Pending
Jan 30 – Feb 6 45 1 119
Feb 7 – Feb 13** 12 115 17
Feb 14 – Feb 16 17

**In accordance with the Department’s settlement agreement, February 8, 2021 was the last date for employers to affirmatively request reissuances of a PWD issued under the 2020 IFR based on an emergency situation

 

Source: US Department of Labor Processing Times https://flag.dol.gov/processingtimes