Originally found here, from May 2019: https://www.permlabor.com/blog/balca-decision-in-the-matter-of-capgemini-america-inc

In the Matter of Capgemini America, Inc.’s decision was issued in March 2019. This was a case where the employer had obtained two Prevailing Wage Determinations (“PWD”), one based on the primary experience requirement and a second one based on the alternative requirement. The employer used the PWD containing the higher wage, but it appears the other was listed on a form. The Board understandably reversed, observing that an employer is free to offer a wage above prevailing without violating the regulations. The key issue was whether the Board felt the employer was inflating job requirements, which they found did not happen. Inflating job requirements could potentially scare off domestic applicants and is thus a major concern for the Department of Labor.