Department of Labor (DOL) Proposes a Labor Survey on Independent Contractor Misclassification – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on March 13, 2013

surveypuzzleThe U.S. Department of Labor (DOL) has proposed commissioning a $2 million survey to determine the nature and extensiveness of how independent contractors are misclassified.  To compile the survey the DOL has proposed interviewing over 10 thousand workers and 100 executives from various industries nationwide.   Interviewed workers will be questioned to gauge workers' awareness of basic employment laws, their current job classifications, the rights and benefits associated with their job status, and the consequences of being misclassified as an independent contractor—including the absence of legal wage entitlements and programs like unemployment insurance and workers' compensation for contractors.  The DOL has not announced how the sample of workers will be chosen.

The DOL's proposed survey is part of the DOL’s ongoing nationwide study focused on the prevalence of independent contractor and exempt-status worker misclassifications. That two-year study has involved the collection of data concerning worker exempt-status classifications as well as independent contractor classifications.  The final report from that survey is due in September 2013.

It is expected that upon the completion of the study, federal law may require employers to provide notice to all workers on their classification and the reason for the classification—the so-called "right to know" regulations.

Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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