Nov 8

Written by: Casey S. Hale
11/8/2012 11:03 AM  RssIcon

Interesting article published today in Corporate Counsel about the coming flurry of regulatory activity from the second-term Obama administration - both in terms of new regulations and enforcement - that will impact employers.

The article also discusses how the Department of Labor, which has received much better funding under Obama, will increase its focus on proper employee classification by finally implementing the "right-to-know" rule proposed back in 2010 under the Fair Labor Standards Act ("FLSA"). That rule requires that employers notify workers of their rights under the FLSA and provide certain information regarding hours worked and wage computation. Also, employers will have to perform and document a classification analysis if they wish to classify any worker as an independent contractor.

The take away: Employers "need to be introspective, . . . examine many of their policies and procedures . . . and be careful about classification of workers." And employers "need to develop a relationship with competent outside labor and employment counsel who can help guide them through, in a proactive way, what's coming and what's already transpiring."