Monday, April 26, 2010

DOL to review Recordkeeping Regulations

The Department of Labor announced today that they will be reviewing numerous regulations - making the agenda are the record keeping regulations. The DOL is contemplating what would be an enormous tool for employees to fight wage theft. The current regulations require an employer keep certain records. However, they do not require the employer to make those records available to employees. Where employees are barred from obtaining information, they cannot tell whether their rights are being violated. As the DOL accurately puts it, this "is an issue of transparency and is critical to workers’ understanding of their legal rights and responsibilities."

Additionally, the DOL is contemplating requiring "[a]ny employers that seek 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 WHD enforcement personnel who might request it."

You can read more here.

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