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If, when an employer conducts a prevailing wage survey, comparable work
cannot be found in the geographic area from which the labor force of the
community is drawn, the closest comparable community may be used.
Employers may contact other sources such as the U.S. Department of
Labors Bureau of Labor Statistics (BLS) or private or state employment
services where surveys are not practical, but it is imperative that the
employer request the wage rate paid to experienced workers. Employment services
may often only provide the entry-level wage rate, which is inappropriate when
determining prevailing wage rates under FLSA Section 14(c).
The prevailing wage must be based upon work utilizing similar methods
and equipment. If data for the specific job to be performed on the employer's
premises cannot be found, it may be acceptable to use the wage paid to
experienced individuals employed in similar jobs that require the same general
skill levels. In such cases, employers shall retain documentation supporting
that the similar jobs being surveyed involve the same general skill levels as
the job being performed by the workers with disabilities.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
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