DOL Delays Implementation of Prevailing Wage Rule Until May 14, 2021

January 29, 2021 Ian Love

Key Points

  • The DOL will delay implementation of the prevailing wage rule until May 14, 2021
  • The rule’s implementation is delayed in accordance with a presidential memo issued on January 20, 2021
  • A 60-day delay gives agency officials time to review questions of fact, law, or policy raised by the rule
  • The prevailing wage rule was scheduled to take effect on March 15, 2021
  • The rule proposes a phased implementation plan with new wage levels effective July 1, 2021
  • The prevailing wage rule may be challenged in federal courts

Overview

On February 1, 2021, the Department of Labor’s (DOL) Employment and Training Administration will publish a notice in the Federal Register announcing a delayed effective date for the proposed rule.

What are the Changes?

Implementation of the prevailing wage rule, titled Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, will be delayed until May 14, 2021 in accordance with a presidential memo titled “Regulatory Freeze Pending Review” that was issued on January 20, 2021.

The rule was initially scheduled to take effect on March 15, 2021.

What Should Employers and Applicants Know?

Aside from the delayed implementation date, no changes have been made at this point to the provisions of the prevailing wage rule. As previously announced, the rule will have a phased implementation plan with new wage levels scheduled to begin on July 1, 2021.  

Looking Ahead

The prevailing wage rule may be challenged in federal court. Updates will be provided as they become available.


Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is a Managing Attorney at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.

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