Labor Market Survey

When it is used

LMS is used to translate theoretical transferability into actual occupational availability in the claimant's geographic area.

Step-by-step

1. Define the relevant labor market geographically (commute radius, metro area)
2. Select target occupations from the TSA results
3. Contact local employers, review job postings, and compile representative openings
4. Document wage ranges, hiring requirements, and essential job functions
5. Compare employer requirements with the claimant's documented restrictions and skills
6. 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

The survey columns

The survey is recorded as a table, and each column answers a question the opinion must answer. The employer column names the business contacted, so either side can reach the same contact and hear the same answer. The occupation column carries the title the employer uses and the code the expert assigned, which ties the row to the transferable skills analysis that put the occupation on the list. The wage column records the range the employer stated for a new hire, entered as given rather than rounded to a published figure.

The openings column records whether the employer was hiring on the day of the inquiry, how many positions were open and whether the work is full time, part time or seasonal. The requirements column lists what the employer asks of an applicant: education or license, experience, the physical demands as the employer describes them and any schedule condition. The date of inquiry is entered on every row, because a survey describes one market on one date.

How the survey enters the report

The table is an exhibit to the report, and the narrative draws three findings from it. Placeability: whether the occupations that survived the restrictions were being hired for in the person's area, stated employer by employer rather than as an impression. A wage range: read across the rows for each occupation and set beside the published area figure, so an employer quoting well above or below it is visible. Fit: whether the stated requirements match the education, experience and capacity the records document, with each mismatch noted against the row that produced it.

The forensic economist takes the wage range as an input, so the report states the wage basis it used: hourly or annual, with or without overtime. A survey that found no openings is reported in the same detail as one that found many; a negative result documented employer by employer is evidence.

Documenting the market date

Two statements anchor the survey. The geographic statement names the area surveyed, why its boundary was drawn where it was and whether remote positions were included. The date statement gives the period over which the inquiries were made. When trial follows the report by many months, the same occupations are re-surveyed before testimony and both sets of results are reported, so the opinion rests on the market as it stands. The vocational evaluation guide shows where the survey sits among the steps of the evaluation.

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)).