“I continue to request that Labor Secretary Hilda Solis assign staff to the Northern Marianas to be a resource to business, to answer questions and help employers navigate through the changes stemming from the transition to federal laws here,” Sablan said.
“In the meantime, video conferencing with top Labor Department officials in Washington is a good way to get our business community the answers they need. It is also a good way to demonstrate to Labor that a more continued presence here would help with the transition.”
Central to this morning’s discussion was the employer wage survey, which may be conducted by a single employer, a group of employers, or a business or other organization to determine the wage that must be offered to nonimmigrant workers. In most of the U.S. the Department of Labor Bureau of Labor Statistics regularly collects the necessary wage data, which is then used to set the prevailing wage. But the Bureau does not collect this information in any of the U.S. territories, so alternative means for determining the average wages paid for different types of jobs have to be found.
If an employer wage survey meets certain standards, the Department of Labor will accept the survey results as an alternative. More information on these surveys can be found in the prevailing wage guidance at www.foreignlaborcert.doleta.gov/pdf/NPWHC_Guidance_Revised_11_2009.pdf
USDOL staff were also asked whether there was a way to appeal a prevailing wage determination issued by the Department. Staff listed a number of methods of appeal, including an immediate appeal available for employers who use the iCert website (http://icert.doleta.gov) to apply for prevailing wage determinations for their workers.
Finally, USDOL staff promised that the videoconference was only the first step in the Department’s outreach to NMI employers on the question of prevailing wage determination, and that frequently asked questions pertaining to the Northern Marianas would soon be answered on a special section of the Department’s website. Employers, workers, and others with questions can continue to contact Congressman Sablan’s office, or Dr. William Carlson of the Department of Labor at [email protected] or (202) 693-3010.
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