Get access to the exclusive HR Resources you need to succeed in 2018!
Training, policies and tools to help HR prevent and respond to harassment claims.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
On March 12, 2013, the Society for Human Resource Management (SHRM)
issued comments to the U.S. Department of Labor’s (DOL) wage and hour division, taking issue with the agency’s proposal to survey workers about their knowledge of, and experiences with, worker misclassification.
The data collected during the survey “likely will be used to support DOL’s imposition of additional recordkeeping requirements on employers” to determine if a worker is properly classified as an independent contractor or as exempt from the Fair Labor Standards Act (FLSA) overtime requirements, as previously announced in the DOL’s regulatory agenda, the comments state.
The DOL has said its planned “Right to Know” regulations would revise the FLSA’s recordkeeping regulations to “enhance the transparency and disclosure to workers of their status as the employer’s employee or some other status, such as an independent contractor, and if an employee, how their pay is computed.”
SHRM commented: “Because the planned ‘Right to Know’ regulations would impose significant additional administrative burdens and costs on employers, the survey will have a significant impact on the HR profession. The flawed and untested survey instrument and sampling methodology, if not corrected, will lead to invalid results, which could not be used to support the need for or benefits of additional FLSA recordkeeping and disclosure requirements.”
The comments, delivered by
Michael P. Aitken, SHRM vice president for government affairs, specifically state that:
Paying Contractors in Company Stock,
SHRM Online Compensation, March 2013
Misclassified Employees Awarded $1.3 Million,
SHRM Online Legal Issues, February 2013
Independent Contractor Classifications Hold Many Risks,
SHRM Online Legal Issues, July 2012
Determining Overtime Eligibility in the United States, SHRM Toolkits, December 2011
Experts: Carefully Consider Independent Contractor Classifications,
SHRM Online Legal Issues, September 2009
SHRM Online Compensation Page
Salary Survey Directory
Compensation Data Center
Metro Economic Outlook reports
Keep up with the latest news. Sign up for SHRM’s free
Compensation & Benefits e-newsletter
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in again before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
HR Education in a City Near You
SHRM’s HR Vendor Directory contains over 3,200 companies