DOL OFLC, H-2B Prevailing Wage Determination General Filing Tips and Survey 101 for Surveyors Presentation 2.23.22

UNITED STATES DEPARTMENT OF LABOR H-2B Wage Surveys: Concepts and Filing Tips National Prevailing Wage Center Office of Foreign Labor Certification Employment and Training Administration March 23, 2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Disclaimer This presentation is intended for training use only and does not carry the force of legal opinion. The Department of Labor is providing this information as a public service. This information and any related materials are presented to give the public access to information on the Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages.

Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention. 2 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Webinar Outline ▪ Part 1: General Filing Tips ▪ Part 2: Wage Survey Concepts Note: Questions may be submitted throughout the presentation via the Webinar “chat” feature.

3 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Webinar Chat  You will see the responses from the Panelists here.  Questions and Answers will be presented in this format: Q: This is the question you sent? A: Here is the answer we provide.  You may see other questions answered before yours. Select “All Panelists” 4 For Government Training Use Only 3/25/2022 Introductory Remarks Lindsey Baldwin Director, National Prevailing Wage Center Part 1: Filing Tips • General Filing Tips • Survey Tips • H-2B Prevailing Wage Determination (PWD) Challenges General Filing Tips UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR General Filing Tips ▪ File Early: ▪ Receive longest validity period for prevailing wage determinations issued shortly after the OEWS wage update (July 1, 2022) ▪ Anticipate longer processing times during H-2B heavy filing season ▪ Tips for using the case “reuse” option: ▪ Ensure the content is relevant to the new application ▪ Incorporate Request for Information (RFI) details from the previous case to avoid an RFI ▪ Check the job duties for accuracy, do not include information that is irrelevant to the new application 8 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR General Filing Tips ▪ When requesting that the National Prevailing Wage Center (NPWC) consider an employer-provided survey as the wage source, submit Form ETA-9165 and survey documents with Form ETA-9141 in FLAG ▪ Vague job duties may result in an RFI. Provide specific job duties addressing: ▪ Types of products ▪ Projects or services ▪ Work environment ▪ Processes ▪ Materials ▪ Equipment or tools Note: The employer may elaborate on job duties in an RFI response but cannot remove duties.

9 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names Clean Buildings • Heavy cleaning duties • Wash windows • Use carpet shampooers • Use floor buffers • Perform maintenance tasks • Clean pool • Light cleaning duties • Clean hotel rooms • Change bed linens • Dusting Janitors and Cleaners, Except Maids and Housekeeping Cleaners Maids and Housekeeping Cleaners 10 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names • Mow grass (only) • Mow grass and perform other basic tasks (e.g., hedge trimming or planting flowers) Mow Grass • Perform general cleaning duties • Mow grass • Mow grass along highways or other roads • Operate road sweepers • Setout safety cones Landscaping and Groundskeeping Workers Janitors and Cleaners, Except Maids and Housekeeping Cleaners Highway Maintenance Workers 11 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names • Install “hard” flooring such as • Marble • Wood • Granite Install Flooring • Install linoleum floor coverings in • Blocks • Strips • Sheets • Install carpet Tile and Marble Setters Floor Layers, except Carpet, Wood, and Hard Tiles Carpet Installers 12 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names Masonry Work • Concrete block • Cinder block • Brick • Curbstone • Marble • Granite • Sandstone Brickmason and Blockmason Stonemason • Install segmental pavers • Set paver base and borders Segmental Paver 13 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names • Spread/finish concrete without additional construction related tasks Cement Masons and Concrete Finishers Spread/Smooth Concrete/Cement • Spread (not finish) concrete and perform construction related tasks such as: • Clean up work site • Assist other craft workers • Dig trenches • Direct traffic Construction Laborers 14 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names Remove Meat from Bones/Shell • Shuck oyster • Pick crab • Dehead shrimp • Process by hand • Remove roe from fish by cutting • Remove oyster from shell Meat, Poultry, and Fish Cutters and Trimmers • Cut fish by adjusting and fine- tuning machines (e.g., Baader machines) Cutting and Slicing Machine Setters, Operators, and Tenders • Process roe after removal (does not include removing from fish) Food Batchmakers 15 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names Process/Cook/ Prepare • Steam shrimp • Boil seafood • Process roe • Transform roe through brining Food Batchmakers • Process Seafood: • Cooking • Steaming • Boiling • Frying Food Cooking Machine Operators and Tenders 16 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names Inspect/Grade • Sort product by size • Grade crab meat • Focus on inspecting and grading the unprocessed product (no mention of processing) Graders and Sorters, Agricultural Products • Grading tasks are integral to the main task, such as sorting the meat after removal from the animal Various Occupations such as Butchers and Meat Cutters, Meat, Poultry, and Fish Cutters and Trimmers, etc. 17 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names Load/Unload • Load processed product • Load seafood • Move products to loading docks by hand • Load pallets onto truck using hand jack • Stack crates on truck • Unload sacks from fishing vessel • Use a skid loader to move raw materials to production areas • Load pallets onto truck using forklift • Load grain into railing cars using chutes Laborers and Freight, Stock, and Material Movers, Hand Industrial Truck and Tractor Operator and gates • Unload chemicals from truck to storage Tank Car, Truck, and Ship Loaders tank 18 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names Package Product • When the packaging is performed as the main task and no other changes are made to the product Packers and Packagers, Hand • No actual packaging performed; worker is tending the machines in the packaging area Packaging and Filling Machine Operators and Tenders • When the packaging tasks are integral to the main task, such as processing and/or grading the seafood Various Occupations 19 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names • Fine dining: Cook full entrees (e.g., meats, fish, and desserts) • Operate ovens, broilers, and roasters Restaurant Cook Cook Foods • Full table services (e.g. taking food orders and serving food on a platter) • Cafeteria, hospital, corporation cuisine: • Operate commercial fryers and commercial broilers • Prepare food in large quantities Institution and Cafeteria Cook 20 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Cook Foods Clarifying Job Description Entries or Considerations • Restaurants and coffee shops: • Prepare specialty foods, such as pizzas, fish and chips, sandwiches, or tacos, following specific methods that usually require short preparation time - often working on several orders at the same time • Work setting is similar to a diner or small restaurant Candidate Occupation Names Short Order Cook • Limited to preparation of a few basic items and normally involve operating large-volume single-purpose cooking equipment. • Normally use automatic, premeasured dispensing device for Fast-Food Cook ingredients. 21 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names • Extinguish flames and embers to suppress fires • Patrol burned areas after fires to locate and eliminate hot spots that may restart fires Forest Fire Fighter Fight Forest Fires • Additionally, in support of fire prevention duties, oversee laborers performing tasks such as brush clearing and removal Forest and Conservation Technicians • Under direction of fire fighters or technicians, perform supporting duties such as brush clearing and removal to assist in fire prevention and suppression Forest and Conservation Workers 22 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Specific vs. Vague Job Duties Vague Tasks in Job Duties Clarifying Job Description Entries or Considerations Candidate Occupation Names Repair • Specify what is being repaired • Specify what techniques and tools are used • Specify whether this the primary person responsible for completing repairs vs. assisting with repairs Multiple Potential Occupations 23 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR General Filing Tips Do not include irrelevant information such as the nature of the employer, weather related conditions, etc. 24 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Example: Unnecessary Information Temporary Seasonal Position: Forestry Worker Duties: All applicants must be able, willing, qualified to perform work described in this job description & must be available for entire period specified. Possible weekly hours: 35-40+ (Plus) to include lunch break. OT not required; may be weekend/holiday work.

Possible daily hours: 7:00 am-4:00 pm.

OJT.

No min. edu. reqmt. Duties may include: Plant: seedlings/trees; raising & transporting seedlings to then sort tree seedlings, discarding substandard seedlings, according to standard charts or verbal instructions & other related Forestry Worker activities as per SOC/OES 45-4011 (onetonline.org). Must walk substantially (up to 15 miles daily), also stoop, bend while carrying a pack (up to 50lbs) through rough terrain (non-trail). Attention to detail; complete work tasks timely.

Outdoors, exposed to weather; must be capable of doing physically strenuous labor for long hours, occasionally in extreme heat or cold. Variable weather conditions apply; hours may fluctuate (+/-), possible downtime and/or OT. Must show proof of legal authority to work in U.S. Must be 18 years old due to travel. Drug/alcohol/smoke-free work zone: based on Employer's discretion/cost: Wrkr may have random drug/alcohol testing during employment: positive test/ refusal to abide = dismissal.

25 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Example: Unnecessary Information Removed Duties: Plant: seedlings/trees; raising & transporting seedlings to then sort tree seedlings, discarding substandard seedlings, according to standard charts or verbal instructions. 26 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR OEWS Wages for H-2B ▪ Occupational Employment Statistics (OES) is now Occupational Employment and Wage Statistics (OEWS) ▪ Reminder: Under the H-2B program, leveled wages are not assigned. PWDs are issued with the OEWS mean wage as shown to the right: 27 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Collective Bargaining Agreement (CBA) ▪ 20 CFR 655.10(b)(1) ▪ Must be used if the position is covered by a negotiated wage ▪ When submitting the Form ETA-9141, include the following documents: ▪ Relevant portions of the CBA ▪ Letter from the Employer ▪ Letter from the Union 28 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Collective Bargaining Agreement (CBA) ▪ Relevant Portions of the CBA ▪ Letter Contents ▪ Who is covered, including employers and locations ▪ Job titles and descriptions ▪ Dates the agreement covers, including extensions ▪ Wage information, including tables and explanations ▪ Specific to the position on the application ▪ Recent date ▪ The single job CBA title ▪ The agreed upon wage ▪ A reference to the section(s) of CBA used for the wage 29 For Government Training Use Only 3/25/2022 Survey Tips UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR H-2B Wage Survey Tips ▪ Employer requests for a prevailing wage determination based on an employer- provided wage survey must be accompanied by the revised ETA-9165, and: ▪ Include attestation signed by employer; ▪ Include contact information from third party or state agency; ▪ Consolidate information from the survey; ▪ Be specific to a particular survey and employer; and ▪ Be uploaded with ETA-9141 31 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR H-2B Wage Survey Tips ▪ Standards for Bona Fide Third Parties ▪ A third party has no stake in the outcome of the survey, but only in producing a survey product that meets statistical and regulatory standards Important Note: Any H-2B employer or any H-2B employer’s agent, representative, or attorney are not bona fide third parties ▪ A state agency is a third party and includes entities such as colleges, universities, agricultural extension services, and maritime agencies ▪ Employer associations may not be considered bona fide third-parties ▪ The third party may be a company that produces the survey as a published work, to include continuous updates, or on commission 32 For Government Training Use Only 3/25/2022 H-2B PWD Challenges UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Center Director Review ▪ If an employer disagrees with a PWD: ▪ The employer may request Center Director Review (CDR) ( .11); and ▪ Submit supplemental documentation within 7 business days of the date the PWD was initially issued ▪ Employers may request CDR via FLAG, e-mail to the NPWC Help Desk, or via U.S. mail ▪ In the CDR request, the employer may: ▪ Challenge the assigned wage source, including correcting deficiencies in a survey or a CBA submitted with the initial PW request. However, the employer cannot request use of a different survey at CDR, nor request the use of a survey for the first time at CDR; ▪ Challenge the assigned SOC code; and/or ▪ Challenge the assigned wage 34 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR BALCA Review ▪ If an employer disagrees with the Center Director Review (CDR) decision, the employer may request Board of Alien Labor Certification Appeals (BALCA) Review. ▪ Requests for BALCA Review for H-2B determinations must be made within 10 business days of the date the CDR was issued. ▪ Employers may request BALCA review by sending the request to the NPWC via U.S. mail or email to the NPWC Help Desk. ▪ The employer may only submit evidence with its BALCA Review request that was part of the record underlying the PWD and CDR decisions. ▪ The employer cannot raise a new argument(s) in its BALCA Review request.

35 For Government Training Use Only 3/25/2022 Break • Session will resume at 3:00 pm EDT with discussion of H-2B Wage Survey Concepts • Target audience: surveyors and those who wish to know more about survey standards and concepts. Part 2: H-2B Wage Survey Concepts • Authorities • Who to Survey: Universe and Sample • Where to Survey: Area of Intended Employment • What to Survey: Job Duties • Pay/Wage Data Authorities UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Overview of Regulatory Requirements ▪ .10(f)(4): In each case where the employer submits a survey the employer must submit, concurrently with the ETA Form 9141, a completed Form ETA-9165 containing specific information about the survey methodology, including such items as sample size and source, sample selection procedures, and survey job descriptions, to allow a determination of the adequacy of the data provided and validity of the statistical methodology used in conducting the survey. In addition, the information provided by the employer must include the attestation that: ▪ (i) The surveyor either made a reasonable, good faith attempt to contact all employers employing workers in the occupation and geographic area surveyed or conducted a randomized sampling of such employers; ▪ (ii) The survey includes wage data from at least 30 workers and three employers; ▪ (iii) the collection was administered by a bona fide third party. The following are not bona fide third parties under this rule: Any H-2B employer or any H-2B employer's agent, representative, or attorney; ▪ (iv) The survey was conducted across industries that employ workers in the occupation; and ▪ (v) The wage reported in the survey includes all types of pay, consistent with Form ETA-9165. ▪ .10(f)(5): The survey must be based upon recently collected data: The survey must be the most current edition of the survey and must be based on wages paid not more than 24 months before the date the survey is submitted for consideration.

39 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Public Law 117-103: Consolidated Appropriations Act, 2022 ▪ Section 110: The determination of prevailing wage for the purposes of the H-2B program shall be the greater of—(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H-2B non immigrant will be employed, based on the best information available at the time of filing the petition. In the determination of prevailing wage for the purposes of the H-2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported. 40 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Overview of Regulatory Requirements ▪ .10(f)(2): The survey must provide the arithmetic mean of the wages of all workers similarly employed in the area of intended employment, except that if the survey provides a median but does not provide an arithmetic mean, the prevailing wage applicable to the employer's job opportunity shall be the median of the wages of workers similarly employed in the area of intended employment. 41 For Government Training Use Only 3/25/2022 Who to Survey: Universe and Sample UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Employers / Workers to Survey: Universe and Sample ▪ .10(f)(2): Survey must include all workers in the occupation The employer/workers sampled must not be limited by: ▪ industry sector of the employer/worker; ▪ skill level or experience, education, and length of employment; ▪ the immigration status; or ▪ factors relating to the nature of the employer, such as whether the employer is public or private, for profit or nonprofit, large or small, charitable, a religious institution, a job contractor, or a struggling or prosperous firm 43 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR ETA-9165, Section E ▪ E.1: Estimated Universe of Employers ▪ Who employs workers doing the tasks in the duties being surveyed? ▪ How many employers are in the area surveyed? ▪ E.4: Number of employers who were contacted ▪ Who did you ask to collect wages? ▪ How many employers were asked? ▪ E.9: Number of employers providing usable results ▪ Who responded? ▪ How many employers responded? ▪ E.9: Number of worker wages used to get the reported wage value ▪ Who responded? ▪ How many workers’ wages were in those responses?

44 For Government Training Use Only 3/25/2022 Where to Survey: Area of Intended Employment UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Area of Intended Employment (AIE) ▪ .5: Definition of terms ▪ Area of intended employment means the geographic area within normal commuting distance of the place (worksite address) of the job opportunity for which the certification is sought. There is no rigid measure of distance that constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., average commuting times, barriers to reaching the worksite, or quality of the regional transportation network). If the place of intended employment is within a Metropolitan Statistical Area (MSA), including a multistate MSA, any place within the MSA is deemed to be within normal commuting distance of the place of intended employment. The borders of MSAs are not controlling in the identification of the normal commuting area; a location outside of an MSA may be within normal commuting distance of a location that is inside (e.g., near the border of) the MSA.

46 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Area of Intended Employment (AIE) ▪ The geographic area within normal commuting distance of the place of intended employment (worksite address). ▪ There is no rigid measure of distance that constitutes a normal commuting distance or normal commuting area. ▪ The borders of Metropolitan Statistical Areas (MSA) are not necessarily controlling but any place within an MSA is deemed to be within normal commuting distance. ▪ Office of Management and Budget (OMB) establishes statistical areas (See OMB Bulletin No. 17-01 (August 15, 2017), available at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/bulletins/2017/b-17- 01.pdf). 47 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Area of Intended Employment (AIE) ▪ Metropolitan Statistical Areas (MSA): ▪ Have at least one urbanized area of 50,000 or more population, plus adjacent territory that has a high degree of social and economic integration with the core as measured by commuting ties ▪ Defined in terms of whole counties (or equivalent entities) ▪ May have Metropolitan Divisions ▪ Those that contain a single core with a population of 2.5 million or more may be subdivided to form smaller groupings of counties referred to as Metropolitan Divisions ▪ Micropolitan Statistical Areas (µSA): ▪ Have at least one urban cluster of at least 10,000 but less than 50,000 population, plus adjacent territory that has a high degree of social and economic integration with the core as measured by commuting ties ▪ Defined in terms of whole counties (or equivalent entities) 48 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Area of Intended Employment (AIE) ▪ Combined Statistical Areas (CSA) ▪ A CSA may comprise two or more MSAs, and MSA and a µSA, two or more µSAs , or multiple MSAs or µSAs that have social and economic ties as measured by commuting but at lower levels than are found among counties within MSAs or µSAs. ▪ Combinations for adjacent areas with an employment interchange of 25 percent or more are automatic. ▪ Combinations for adjacent areas with an employment interchange of at least 15 percent but less than 25 percent are based on local opinion as expressed through the Congressional delegations. 49 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Area of Intended Employment (AIE) ▪ Non-Metropolitan Area: ▪ Not an OMB Area ▪ Created for the Occupational Employment Statistics (OES) program ▪ Each state may have up to six ▪ The State Workforce Agency (SWA) Labor Market Information Units work with the Bureau of Labor Statistics (BLS) to establish names and counties ▪ Need not be contiguous ▪ Do not represent a commuting area ▪ May contain a µSA 50 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR AIE Examples ▪ Maryland: ▪ MSA ▪ µSA ▪ non-MSA ▪ Nebraska: ▪ MSA ▪ µSA ▪ non-MSA ▪ Worksite Near the Border of MSA 51 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Maryland Example: MSA 52 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Maryland Example: non-MSA 53 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Maryland Example: µSA 54 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Nebraska Example: MSA, non-MSA, µSA 55 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Example: Worksite Near Border of MSA ▪ Depending on the location of the worksite, area(s) outside the MSA may also be considered to be within normal commuting distance. ▪ MSA + additional areas within normal commuting distance = AIE Important Note: This is not authorization to use this as the AIE. 56 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Prerequisites for Expanding Survey Beyond AIE ▪ The surveyor must first attempt to gather wage data from within the AIE. ▪ The geographic area surveyed may be expanded beyond the AIE if the survey of the AIE includes wage data from: ▪ Fewer than 30 workers wages; or ▪ Fewer than 3 employers. ▪ If expansion is permitted, the survey area may expand only as necessary to include wage data from: ▪ At least 30 workers; and ▪ At least 3 employers.

57 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Guidelines for Expansion of Survey Area ▪ Smallest area to meet standards. ▪ Contiguous area (areas with economic and commuting ties have priority). ▪ May cross state lines. ▪ For work locations in one of the OMB CSAs, this is usually the most appropriate first expansion direction. 58 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Examples: Survey Area Expanded Beyond AIE Area does not meet standards Area is not smallest Area not contiguous Area meets standard (contiguous & smallest) 59 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR CSA Example: Maryland µSA 60 For Government Training Use Only 3/25/2022 What to Survey: Job Duties UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Survey Job Duties ▪ Survey of workers with similar job duties (i.e., employed in the surveyed occupation) ▪ Workers who generally perform the duties/tasks of the surveyed occupation ▪ Workers may have different job titles ▪ Workers’ duties may cross occupations 62 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Survey Job Duties ▪ Survey results by occupation ▪ Duties organized occupationally ▪ Mean wage for each occupation ▪ Survey results of job duties that from multiple occupations must have used wages of workers who perform that combination of duties 63 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Example: Unorganized Survey Job Duties Factory Worker Use machines to produce products. Mow grass. Load raw materials into supply hopper.

Perform periodic maintenance on equipment. Move raw materials around factory. Monitor factory equipment to ensure the product meets tolerances. Clean and lubricate machines when idle.

Load finished products on to truck according to manifest. Move finished products from machines to pallets. 64 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Example: Organized Survey Job Duties ▪ Production Worker ▪ Use machines to produce products ▪ Monitor factory equipment to ensure the product meets tolerances ▪ Move finished products from machines to pallets ▪ Load raw materials into supply hopper ▪ Maintenance Worker ▪ Perform periodic maintenance on equipment ▪ Mow grass ▪ Clean and lubricate machines when idle ▪ Warehouse Worker ▪ Move raw materials around factory ▪ Load finished products on to truck according to manifest ▪ Load raw materials into supply hopper using a skid loader 65 For Government Training Use Only 3/25/2022 Pay/Wage Data UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Pay/Wage Data ▪ Survey pay/wage data must have been paid within the 24 months prior to the survey’s submission to the NPWC: ▪ Make sure the employers being surveyed know the date range. ▪ Make sure the documentation explicitly states the oldest and youngest dates when the wages in the average calculation were paid to the workers . ▪ Survey must gather all types of pay/wages paid to workers including, but not limited to: base rate pay, commissions, cost-of-living allowance, deadheading pay, guaranteed pay, hazard pay, incentive pay, longevity pay, piece rate, portal- to-portal rate, production bonus, and tips. 67 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Pay/Wage Data ▪ For surveys converting all types of pay/wages into an hourly rate: ▪ The surveyor may provide a chart showing the total compensation paid during the period and the hours worked for that pay, then summing those values across all employers and dividing the total hours into the total pay resulting in an hourly rate.

68 For Government Training Use Only 3/25/2022 UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF LABOR Example: Table Converting Pay/Wage to Hourly Rate ▪ Employer: Fill this column with whatever designation the survey uses to represent a particular employer ▪ Workers: Fill this column with the count of workers whose hours and wages from any portion of the period reported were used in the next two columns ▪ Compensation: Fill this column with the sum of all wages paid during the period reported. Use the definition below to decide what to include ▪ Total Hours: The sum of all the hours worked to earn the pay under the Compensation column Total Employer Workers Compensation Hours A B C D E 5 7 23 19 4 $8,272.08 $11,189.18 $42,002.76 $38,890.72 $8,042.66 $108,397.40 802 918 3678 3344 794 9536 ▪ Total Row: Sum the values in the Total Compensation column and then sum the values in the Hours column ▪ Hourly Rate Row: Divide the Total Hours into the Total Compensation (Compensation in $/Hours) giving a $/hr value Hourly Rate $11.37 per hour 69 For Government Training Use Only 3/25/2022 Questions