Prior to 2010, campuses worked with their state’s department of labor to come to mutual agreements regarding prevailing wage determinations (PWD). In 2010, the PWD process was consolidated under the federal Department of Labor (DOL), nullifying all prior state level PWD understandings. However, many PWD issues and challenges remain. These include interpreting the Standard Occupational Classification system, understanding how the DOL gathers and utilizes wage data, and how to rectify incorrect PWDs.
The current prevailing wage determination process is frustrating to many practitioners who will eventually encounter similar challenges, catching some practitioners and institutions off guard and unprepared. Gather your campus human resources and legal counsel to learn more about PWD issues and their role in facilitating institutional compliance and preventing mistakes that impact both the institution and scholars.
Following this webinar, participants will be able to:
- Establish protocol among stakeholders to improve accuracy of prevailing wage determinations.
- Access the necessary supporting tools and resources to successfully garner a prevailing wage determination.
- Assemble accurate information in order to complete a form ETA 9141 or self-determine a wage using a worksheet.
- Take action to correct errors, request a redetermination for an inaccurate wage, while considering the ramifications of accepting an inaccurate wage.
Webinar presenters share strategies to address the challenges inherent in the current PWD process including ways scholar advisers, human resources professionals, and legal counsel can work together to improve the likelihood prevailing wage determinations are accurate and consistent. Webinar participants share the challenges and lessons learned in collaborating across campus to address the on going issues that the PWD process presents.
In this webinar, presenters:
- Describe the role and impact of prevailing wage determinations on scholar advisers, human resources, and legal counsel and how to work together to improve the PWD process and policies.
- Discuss the value to participants’ institutions to provide correct and complete data to the Bureau of Labor Statistics in a timely manner as well as the costs and benefits of using employer-provided surveys.
- Review the advantages and risks related to various tools potentially helpful to obtaining desired prevailing wage determinations. Tools such as completing DOL worksheets to prepare for a DOL ruling or crafting your own PWDs for H-1Bs will be explored.
Associate Director, Louisiana State University International Services
Loveness Schafer is a NAFSA member who serves on the Prevailing Wage Working Group of NAFSA’s International Student and Scholars-Regulatory Practice Committee. She is an associate director of international services at Louisiana State University (LSU) where she processes employment-based immigration documents for international faculty and staff. Prior to joining the staff at LSU, she worked in Malawi for two years as an assistant legal officer for the United Nations High Commissioner for Refugees (UNHCR), working closely with UNHCR staff, the Malawian government, and the Malawian Red Cross to process asylum applications and coordinate services for refugees from Rwanda, Burundi, Somalia, and the Democratic Republic of Congo.
Suzanne B. Seltzer
Founding partner of Klasko, Rulon, Stock & Seltzer LLP
Suzanne B. Seltzer is a partner of Klasko, Rulon, Stock & Seltzer LLP, in charge of the New York office. Suzanne chairs the American Immigration Lawyers Association’s (AILA) Service Center Operations Liaison Committee, and recently completed her tenure as chair of AILA’s USCIS Benefits & Policy Liaison Committee. Suzanne is a founding member of the NY Anti-Trafficking Network and currently sits on its Steering Committee. Suzanne is included in Best Lawyers in America (2007-2012), New York Super Lawyers (2007-2011), New York Magazine's Best Lawyers in New York (2008–2012), and Chambers USA (2011–2012). A magna cum laude graduate of the University of Pennsylvania, Suzanne received her law degree from Georgetown University’s Law Center (cum laude).
Broad Institute, Cambridge, MA
Tara O’Brien manages immigration and appointments for the Broad Institute in Cambridge, MA, and is responsible for ongoing development, oversight, and management of the Broad Institute’s Appointment, Immigration, and Affirmative Action/EEO Programs. Working closely with the institute’s administrative and scientific leaders, she uses expertise, collaboration, and data analysis to plan, develop, implement, and provide strategic direction for programs and alerts to potential issues or exposure for the Institute. She develops programs and ensures they are current with regard to trends, practices, legal requirements, and costs, and she communicates policy and plan information to the Broad community. Prior to working at the Broad Institute, Tara was an international student and scholar adviser at Harvard University.