Page is loading...

Wage and Hour Division Seeks Comments to Proposed Information Collection for Worker Classification Survey

Earlier this week, the Wage and Hour Division for the Department of Labor (DOL) published a Request for Comments on its proposed information collection for worker classification survey.

According to the DOL, the purpose of this survey is to “collect information about employment experiences and worker’s knowledge of basic employment laws and rules so as to better understand employees’ experiences with worker misclassification.” The DOL’s collection effort will “gather information about workers’ employment and pay arrangements and will measure workers’ knowledge about their current job classification, and their knowledge of basic rights and benefits associated with their job status.” Included in this survey will be in-depth interviews of employers and employees, which will continue through March 2014.

The DOL considers employee misclassification as “the practice, intended or unintended, of improperly treating a worker who is an employee under the applicable law as in a work status other than an employee (i.e., an independent contractor).” The DOL views misclassification as having a significant adverse impact on the US economy. According to the DOL, if one percent of all employees are misclassified nationally, there is a loss of $220 million annually in unemployment insurance revenue. Additionally, citing to a GAO report, more than $2.7 billion per year is unpaid in taxes, including Social Security. Finally, enforcement of misclassification of independent contractors has resulted in the DOL recovering more than $29 million in back pay for employees for over 29,000 employees since 2009.

The comments must be submitted to the DOL within 60 days from January 8, 2013, or by no later than March 9, 2013. Comments may be sent to WHDPRAComments@dol.gov or otherwise delivered to the Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room s-3502, 200 Constitution Avenue, NW, Washington DC 20210.



DOL's Job Accommodation Network Offers New Online Workplace Disability Accommodation Resources

August 2, 2019 | Currents - Employment Law, Workplace Culture and Conduct

Don’t Fall Asleep on DOL’s New Guidance for Time Truck Drivers Spend in Sleeper Berth

August 1, 2019 | Currents - Employment Law, Employment Lessons

Recent DOL Guidance Not Entitled to Deference Post-Kisor

July 10, 2019 | Currents - Employment Law, Employment Lessons

DOL Proposes Long-Awaited New Minimum Salary for Overtime Exemption

March 11, 2019 | Currents - Employment Law, Fair Labor Standards Act

Seventh Circuit Revisits Contractor Misclassification

June 28, 2018 | Employment Lessons, Currents - Employment Law


Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
Department of Labor
Worker Classification Survey
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.