Employment Law Alert - April 2011


In this issue: Additional Notice to Employees Looming; FLSA Anti-Retaliation Provision Covers Oral Complaints; and Social Security Administration Resumes No-Match Letters.

Excerpt from 'Additional Notice...':

With the ink barely dry on New York's Wage Theft Prevention Act notice requirements, The United States Department of Labor is continuing to advance its "Right to Know" agenda. The DOL is considering a proposed rule requiring covered employers to notify workers of their rights under the Fair Labor Standards Act (FLSA), and to provide information regarding hours worked and wage computation.

This may seem similar to New York's law, which was described at length in RMF's March 2011 Employment Alert. However, there is one very big difference: Any employer that seeks to exclude workers from the FLSA's coverage will be required to perform a classification analysis, disclose that analysis to the worker, and retain that analysis to give to DOL enforcement personnel in the event it is requested. In other words, employers will be required to provide written notification as to whether an individual is an employee or independent contractor and the grounds for that determination.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ruskin Moscou Faltischek | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.