FLSA "Right to Know" Regulations Still On The Horizon


The Department of Labor recently announced a precursor to "Right to Know" regulations under the FLSA.  The Department has proposed a survey "to collect information about employer's experiences and workers' knowledge of basic employment laws and rules so as to better understand employees' experience with worker misclassification."  In 2009, the Department announced that its regulatory agenda included controversial regulations that would require employers to provide all employees and government investigators with a "classification analysis" and explanation of how each employee is classified and how their pay is calculated.  The Department has repeatedly delayed the implementation of this proposal (or even providing details on it), presumably because it would impose serious burdens on employers to provide an individualized analysis to each employee.  That analysis could then be used against the employer in subsequent litigation over the employee's classification under the FLSA.  The Department's announcement of a "survey" on January 11, 2013, suggests that the "Right to Know" regulations remain on the Administration's agenda for its second term.


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.

© Baker Donelson | 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.