BALCA finds that in a PERM filing where a job opportunity included a Cost of Labor Adjustment (COLA), it could be viewed as part of the wage offer and was not required to be included in the recruitment. 382 factually similar cases were reversed. (Matter of Cognizant Tech. Solutions US Corp., 9/29/16)
Despite the CO‟s identification of a valid issue and his reasonable interpretation of the regulations, absent ETA having provided employers notice of its regulatory interpretation concerning the requirement that COLAs be disclosed and a mechanism by which it can be accommodated, we decline to affirm a denial based on failure to state a locality pay adjustment on a Notice of Filing (NOF), in advertisements, or on the Form 9089. See Federal Insurance Co., 2008-PER-00037 (Feb. 20, 2009) (Board declines to enforce a regulatory requirement where there was lack of effective notice to the public on how to comply with the requirement).