Right to Know Under the Fair Labor Standards Act
The Department of Labor (DOL) has been very busy indeed! The proposal put forth in the Fall of 2010 is close to being finalized which would up-date the recordkeeping regulations under the Fair Labor Standards Act in order to enhance the transparency and disclosure to workers of their status as the employer’s employee or some other status (i.e., independent contractor), the basis upon which the employee is paid, and how that pay is computed.
Among other details, this regulation would necessitate the completion of a detailed job analysis to substantiate and document the determination of exempt or non-exempt status (or independent contractor status) of each position within an organization and then would require providing that analysis to each employee each pay period.
We will keep you apprised on this issue