Prevaling wage misclassification

C

Caesar

Registered Users (C)
My employer filed prevailing wage determination request.
Recently the lawyers contacted me that i was misclassified to the class and level which is higher that my salary and job duties. My company cannot pay me the salary stated in the classification i was given.
The lawyers advised to wait up to a year and then file prevailing wage determination request again, hoping that this time i will be classified correctly.
Did anybody encounter with a similar problem? Is it really recommended to wait that long and what's the reason for that?
Why not just file another request and slightly change the job description and requirements?

Thanks,
 
What you have to do is to downgrade the position. Asked your employer about that to match your salary.

It will work.

victorce79
 
Exactly. Down-grade it and "dumb it down". Instead of a 5-line job description, have a VERY basic and general prevailing wage job description, and the minimum requirements.
Hope this helps.
 
st4rguitar said:
Exactly. Down-grade it and "dumb it down". Instead of a 5-line job description, have a VERY basic and general prevailing wage job description, and the minimum requirements.
Hope this helps.
Click to expand...
Dear st4rguitar,

Thanks for your reply. Do you think it is OK to submit new prevailing wage request with updated job desc right await or i should wait? My lawyer recommend to wait 6-12 months before submitting new request. He is afraid that DOL can become suspicious that we change the job desc in order to make it to a lower job category.

Thanks!
 
Caesar said:
Dear st4rguitar,

Thanks for your reply. Do you think it is OK to submit new prevailing wage request with updated job desc right await or i should wait? My lawyer recommend to wait 6-12 months before submitting new request. He is afraid that DOL can become suspicious that we change the job desc in order to make it to a lower job category.

Thanks!
Click to expand...

We do that all the time. We resubmit if there's a typo, etc. I'd recommend doing it right away. No point in wasting your time!
 
st4rguitar said:
We do that all the time. We resubmit if there's a typo, etc. I'd recommend doing it right away. No point in wasting your time!
Click to expand...
Does DOL calls/asks you why you resubmit the application with different job description? If i change it completely it probably won't look like a typo...
Have you ever experienced any problems (audits, DOL/USCIS unusual scrutiny etc.) when you resubmitted the prevailing wage requests after changing the job description?

Thanks a lot for your help!
 
Nope, we have never received that sort of anything... I guess it could always happen, though, but no, we have not run into that issue.
What state is this ?


Caesar said:
Does DOL calls/asks you why you resubmit the application with different job description? If i change it completely it probably won't look like a typo...
Have you ever experienced any problems (audits, DOL/USCIS unusual scrutiny etc.) when you resubmitted the prevailing wage requests after changing the job description?

Thanks a lot for your help!
Click to expand...
 
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