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DOL wants feedback on proposed worker classification survey

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in Employment Law,Human Resources

The Department of Labor (DOL) is planning to survey workers on their knowledge of basic employment laws, so it can gauge their experiences with worker misclassification. Before the DOL begins its survey, however, it wants your input. Comments are due by March 12, 2013.

Beware: This may be the best indication yet that the DOL is planning to crack down on employers that misclassify employees as independent contractors. (78 F.R. 2447, 1-11-13)

First-time survey. According to the DOL, this is the first time it’s collected information on worker misclassification. Its goal is to measure workers’ knowledge about their current job classification and their knowledge about the rights and benefits associated with that status. The DOL said that employers aren’t currently required to inform employees about their status, the basis for that determination or their pay. As a result, the DOL said, workers may not be prepared for the consequences of misclassification.

A copy of the proposed information request is available by calling Karen Livingston at (202) 693-0023. The DOL requests that you focus your comments on the following areas:

  • Whether the survey is necessary for the DOL to do its job
  • Whether the survey imposes a burden on respondents and the weight of that burden
  • Whether the survey is understandable.

YOU’VE SENT MAIL: Email comments to: Include the agency name (Wage and Hour Division) and the Control Number (201300389). Reminder: Be nice! All comments will be available for public inspection and copying in their entirety.

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