As we reported earlier this month, the Department of Labor (DOL) announced on December 4, 2009 that it would be opening its new National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, on January 1, 2010. As we discussed in our
December 7 alert, employers had expressed a great deal of concern about the need to physically mail applications for prevailing wage determinations (PWDs), and the effect that this could have on processing times. In a teleconference with stakeholders today, DOL announced that electronic submission will be available through the agency’s iCERT online portal starting on January 20, 2010. Other highlights of the stakeholder call include the following:
Beta Test with Stakeholders Completed: DOL conducted a briefing and beta test of the new electronic prevailing wage system yesterday.
Federal Register Announcement and FAQ Expected: DOL expects to publish a Federal Register notice on the electronic submission of prevailing wage determinations and an FAQ document on the new centralized process in general in the next two weeks.
Mail-Ins Still Accepted After January 20: Employers will be able to submit requests by mail after January 20. Note, however, that at that point, DOL staff will need to re-key information from the paper form into the electronic system. This could delay processing.
Supplementary Information Should Be Mailed In: Once a request is submitted electronically, any supplemental information -- such as additional independent wage survey data -- should be sent in by mail and flagged with both a cover sheet and the matter number that the electronic system generates.
Cases Will Be Considered in First-In/First-Out (FIFO) Order: As with other case types, prevailing wage requests will be considered on a FIFO basis. There will not be separate queues for separate case types – all will be considered together in a master queue.
Processing Times: DOL could not comment on processing times but cases will be monitored closely. The agency did suggest that cases relying on independent wage sources might take slightly longer.
Include E-Mail Addresses Wherever Requested: DOL anticipates that for physically filed requests, it will e-mail prevailing wage determinations as a PDF file if an e-mail address is included on the form. Return express mail requests (e.g., by including a self-addressed express mailer) will not be honored.
Role of Help Desk: DOL will be establishing an e-mail box to resolve problem issues in the near future. DOL does not anticipate that the email will be used for resubmissions, or to offer the opportunity to have a dialogue about the appropriateness of a given prevailing wage determination. Rather, any contest of a PWD would have to be addressed through a formal request for redetermination or appeal.
Fragomen is closely monitoring the roll-out of the centralized prevailing wage system and will issue additional Client Alerts as developments occur. If you have any questions about this Client Alert, please contact your designated Fragomen professional.