This morning the Department of Labor (DOL) hosted its final two agency agenda web chat sessions, beginning with an hour-long segment hosted by the Wage and Hour Division (WHD). Deputy Administrator Nancy Leppink fielded questions and provided insight toward the Division’s current regulatory initiatives.
The agenda priorities for the Division in the Spring agenda include proposed rules on recordkeeping under the Fair Labor Standards Act (FLSA), proposed rules affecting the Family and Medical Leave Act (FMLA), and final rules related to child labor. Proposed rules on employee recordkeeping are expected to be published in August, while the proposed revisions to the FMLA rules are expected in November. Final child labor regulations, which have been in the works for some time, are expected to be published soon.
There were a number of questions about the WHD’s initiatives toward employee misclassification, particularly timely given the recent reintroduction of the Employee Misclassification Prevention Act in Congress. Unfortunately, the WHD was unable to provide many specifics in response to these questions, as the rulemaking process is still under way. The WHD noted, however, that its planned update to the regulations on employee recordkeeping will likely address issues related to employee classification, with particular emphasis on making workers aware of their rights related to their status as employees or independent contractors.
An informative fact sheet discussing the upcoming employee recordkeeping proposal is available at http://www.dol.gov/regulations/factsheets/whd-fs-flsa-recordkeeping.htm
Read overview of Web chat with OFCCP and OLMS, EBSA, and OSHA
The Department of Labor has spent millions to hire new Wage & Hour Division investigators to target employee misclassifications. Make sure you know the difference between an independent contractor and an employee — or DOL investigators will do it for you. Learn More: http://www.hrhero.com/audio/independent-contractors/