This week, the DOL issued new guidance to certain H-2B employers with pending prevailing wage requests and to those who have already received their determinations as part of a follow up on recent litigation surrounding prevailing wage determinations based on an employer provided wage survey. On December 8, 2014, the Department of Labor (DOL) ceased issuing prevailing wage determinations based on employer provided wage surveys. The DOL issued this announcement as a result of the federal court of appeals decision rendered by the Third Circuit on December 5, 2014, Comite de Apoyo a los Trabajadores Agricolas et a. v. Solis. Employers can modify their currently pending requests to use a Service Contract Act (SCA) or Davis Bacon Act (DBA) wage determination or Collective Bargaining Agreement (CBA) wage data. If an employer does not specify the SCA, DBA or CBA, the DOL will issue the prevailing wage based on the Occupational Employment Statistics (OES) mean. This modification will not be counted as a new request and the request will continue to be processed based on the initial filing date. Employers who have been issued prevailing wage requests but who have not filed their H-2B application with the Chicago National Processing Center are able to obtain a redetermination from the DOL and are not held to the time restrictions specified by the H-2B regulations. Employers with prevailing wage determinations based on an employer provided survey can utilize that wage for purposes of their recruitment. For employers who have already filed their H-2B applications and these applications have been approved, the DOL will issue a supplemental prevailing wage determination (SPWD) using OES mean data with the certification. In these cases, the SPWD allows an employer to obtain a redetermination, which if granted, the employer is instructed to return the original certification to the Chicago National Processing Center which will issue a new certification.