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elaws - employment laws assistance for workers and small businesses - FLSA Section 14(c) Advisor

Using Alternative Sources of Information when Determining Prevailing Wages Under FLSA Section 14(c)

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 Labor’s 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.

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FLSA Section 14(c) Advisor | Wage and Hour Division