FLSA "Right to Know" Regulations Still On The Horizon

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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.

 

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