Labor Market Survey
A labor market survey (LMS) documents the availability of specific occupations in the claimant's relevant labor market, typically including wage ranges, employer names, and openings.
When it is used
LMS is used to translate theoretical transferability into actual occupational availability in the claimant's geographic area.
Step-by-step
- Define the relevant labor market geographically (commute radius, metro area)
- Select target occupations from the TSA results
- Contact local employers, review job postings, and compile representative openings
- Document wage ranges, hiring requirements, and essential job functions
- Compare employer requirements with the claimant's documented restrictions and skills
- Produce a report with employer contacts, date of inquiry, and results
Data sources
- Employer-direct inquiries
- BLS Occupational Employment and Wage Statistics
- State labor market information offices
- Online job boards (Indeed, LinkedIn, ZipRecruiter, etc.)
- Industry trade publications
Limitations
Survey results reflect market conditions at a point in time. Turnover, hiring freezes, and seasonal variation can affect later availability. Documentation of the survey date and geographic scope is therefore essential.
Admissibility
Well-documented LMS evidence has been widely accepted. Courts may exclude LMS that is anecdotal, stale, or not grounded in the relevant geographic labor market (Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)).
Frequently Asked Questions
How far does the 'relevant labor market' extend?
The labor market is typically defined by a reasonable commute from the claimant's residence, often the metropolitan statistical area. Specific standards vary by jurisdiction and case context.
Is a labor market survey required for every vocational opinion?
Not always. LMS is particularly important when employability in the relevant market is contested or when TSA-identified occupations must be shown to exist locally.
References
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). supreme.justia.comCase Law
- U.S. Bureau of Labor Statistics. (n.d.). Local Area Unemployment Statistics (LAUS). U.S. Department of Labor. bls.govGovernment
- U.S. Bureau of Labor Statistics. (n.d.). Occupational Employment and Wage Statistics (OEWS). U.S. Department of Labor. bls.govGovernment
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