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The Department of Labor’s (DOL) regulatory agenda, released Nov. 27, included updated timeframes for proposed rulemakings related to independent contractors and apprenticeship. 

According to DOL, the “Right to Know” proposal would require employers to provide written analyses to workers classified as independent contractors and employees deemed to be exempt from overtime under the Fair Labor Standards Act (FLSA). 

Although the proposal remains under long-term action, ABC continues to have concerns that such a complex rulemaking would significantly burden employers, serve merely as an enforcement tool, and increase the number of FLSA lawsuits concerning exemption and misclassification issues.

In addition, DOL’s Wage and Hour Division has been collecting comments on a proposed worker classification survey.  According to DOL, it would “collect information about employment experiences and workers’ knowledge of basic employment laws and rules so as to better understand employees’ experience with worker misclassification.” 

ABC filed comments in March expressing its concern over the survey and again filed comments on Dec. 9, reiterating key points that the agency has not addressed. 

Because the agency could resurrect this rulemaking at any time using the data gathered through the DOL survey, ABC will continue to closely monitor DOL’s survey activities.

DOL’s Employment Training Administration also plans to release a proposed rule by September 2014 that would revise the equal opportunity regulatory framework for the National Apprenticeship Act, and revise the actions construction contractors are required to take to implement affirmative action programs in areas of recruitment, training and apprenticeship.