Processing Procedures And Decision-Making Criteria

If the request provides no supporting evidence or is untimely, the wage determination stands as is, and the WHD advises the interested party of that result in a written reply. Where the request is submitted in a timely manner and supporting evidence is provided as required by the regulations, the WHD will review and evaluate the data submitted.

Analysis of Request and Evidence

  1. In addition to the supporting evidence provided by the interested party, the WHD will review:

    1. Data originally used to develop and issue the wage determination.
    2. Any additional relevant data that has since become available.

  2. Data submitted as evidence supporting a change in the wage determination or the conformance decision, and additional data described above are reexamined based generally on the following criteria:

    1. Is the survey or information provided in the review and reconsideration request current?
    2. If the requester submits survey data regarding a wage determination, who conducted the survey and were statistical and analytical techniques used?
    3. Does the survey or information provided cover the appropriate geographic locality of the contract in question?
    4. Is the survey based on a proper sample of the population or universe that can be used to represent what is prevailing in the locality?
    5. Does the survey or information provided cover the appropriate occupational classes, i.e., those addressed by the wage determination, or conformance decision, in question? The survey, or information, must be specifically pertinent to the occupations in question.
    6. How does the data used to issue the wage determination, or the information used to make the conformance decision compare to the data submitted by the interested party? Which data result in more relevant and reliable indicators of what is prevailing in-the-locality for purposes of the wage determination in question, or reasonable relationship for purposes of the conformance decision in question?
    7. If any additional data have since become available, how does it compare to the data submitted by the interested party and the data used to issue the wage determination or the conformance decision?
    8. Did major differences exist between data submitted as evidence and data used to issue the wage determination or to make a conformance decision? Are there additional data sources that can be and should be used to determine why?
  3. Review and reconsideration can result in either an affirmation, revision, or issuance of a new wage determination.
    1. If the data submitted as evidence in conjunction with that originally used, and any other relevant data that have since been released suggest that the wage determination was incorrectly developed, the wage determination is revised utilizing these resources as the basis for reissuing a wage determination.
    2. Criteria and statistical techniques used to analyze the review and reconsideration request are the same as those used to develop a wage determination or to make a conformance decision.

Consulting Services We Provide

  • Review public works preconstruction contracts
  • Monitor DIR contractor/subcontractor certified payrolls
  • Audit labor classification for each worker employed
  • Review DIR pre-DAS 140/142 submissions
  • Review CAC training fund contributions form CAC-2
  • Review DIR Fringe Benefits Statement PW-26
  • Monitor DIR wage determinations
  • Audit fringe benefits allowances
  • Review DIR holiday payment requirements
  • Audit DIR travel & subsistence requirements
  • Caltrans Labor Compliance
  • County of Sacramento Labor Compliance
  • City of Los Angeles Labor Compliance
  • Los Angeles Unified School District Labor Compliance
  • Federal Davis-Bacon Project Monitoring
  • Federal DBE Implementation & Review
  • Federal FAA AIP Goal Setting
  • DIR & Davis-Bacon Training
  • DIR Civil Wage Penalty Review
  • Local-Hire Review (e.g., San Francisco)
  • Skilled and Trained Workforce

Give us a call to discuss your labor compliance requirements.

This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.

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