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.
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