On December 1, 2020, finding that defendants “failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA’s notice and comment requirements,” the U.S. District Court for the Northern District of California set aside the DHS and DOL interim final rules that drastically increased OES prevailing wages on October 7, 2020 (Chamber of Commerce, et al., v. DHS, et al., 12/1/20).
As of the morning of December 2, 2020, the OES wage structure has not been returned to the pre-October 7 wages, but we will be monitoring this.
