The Department of Labor Wage and Hour Division (WHD), Office of Labor-Management Standards (OLMS) and Office of Federal Contract Compliance Programs (OFCCP) in December released regulatory agendas that include items addressing independent contractors and affirmative action in construction, among other topics.
The WHD Agenda stated that it intends to issue a proposed rule in April that will update recordkeeping requirements under the Fair Labor Standards Act (FLSA). The proposed rule would require the company to notify a worker of his status, for example employee or independent contractor, and whether that worker is entitled to protections under the FLSA. The proposed rule could also require employers to provide a wage statement to their employees.
The OLMS Agenda included a proposed rule expected to be issued by June that would narrow the exemption for when an employer is required to report hiring a consultant to persuade employees concerning their rights to collective bargaining. Currently, if the consultant is only hired to give advice, the employer does not have to report it. In addition, OLMS plans to change the Form LM-21 for reporting receipts and disbursement to include more detailed and intrusive reporting requirements.
In conjunction with plans by the Employment Training Administration to release a proposed rule revising the equal opportunity regulatory framework for the National Apprenticeship Act, OFCCP Plans to issue a proposed rule addressing affirmative action in construction. The proposed rule, expected in July, would strengthen the regulations that set forth the actions construction contractors are required to take to implement affirmative action programs in areas of recruitment, training and apprenticeship.
The WHD Agenda stated that it intends to issue a proposed rule in April that will update recordkeeping requirements under the Fair Labor Standards Act (FLSA). The proposed rule would require the company to notify a worker of his status, for example employee or independent contractor, and whether that worker is entitled to protections under the FLSA. The proposed rule could also require employers to provide a wage statement to their employees.
The OLMS Agenda included a proposed rule expected to be issued by June that would narrow the exemption for when an employer is required to report hiring a consultant to persuade employees concerning their rights to collective bargaining. Currently, if the consultant is only hired to give advice, the employer does not have to report it. In addition, OLMS plans to change the Form LM-21 for reporting receipts and disbursement to include more detailed and intrusive reporting requirements.
In conjunction with plans by the Employment Training Administration to release a proposed rule revising the equal opportunity regulatory framework for the National Apprenticeship Act, OFCCP Plans to issue a proposed rule addressing affirmative action in construction. The proposed rule, expected in July, would strengthen the regulations that set forth the actions construction contractors are required to take to implement affirmative action programs in areas of recruitment, training and apprenticeship.
For more information regarding the 2011 DOL agenda, please contact the construction professionals at McKonly and Asbury, LLP.
This is a nice incentive for independent contractors but how about the publicly employed contractors? Will they have the same amount of compensation as well?
Posted by: debt consolidation loans | 09/12/2011 at 09:58 PM
This is good for the independent contractors. I believe this is a move to balance out the field for all contractors.
Posted by: certified financial planning | 10/19/2011 at 01:03 AM