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DOL Aims To Curtail Overtime Abuses Through Mandatory Reporting Requirements

Posted by Marc Smith | May 21, 2010 | 0 Comments

The U.S. Labor Department has announced its intention to issue a Notice of Proposed Rulemaking (“NPRM”) proposing significant amendments to the FLSA recordkeeping regulations aimed at educating employees as to their eligibility for overtime. As of yet, there are scant details. But DOL says that its new rules will, among other things, seek to require employers:

  • To notify workers of their FLSA rights (apparently, the longstanding requirement to display DOL's prescribed poster somehow does not accomplish this);

  • To provide “information” about hours worked and wage computation; and

  • To perform and document a “classification analysis” for employees who are allegedly not entitled to overtime which will require the employer to disclose this analysis to the worker, and to provide the analysis to a DOL investigator upon “request”.

Stay tuned as these proposals raise a host of substantial and troubling questions and will likely be highly controversial.

About the Author

Marc Smith

Marc J. Smith is a Rockville, Maryland employment attorney and a founding member of the law firm formerly known as Smith, Lease & Goldstein, LLC. In 2018, after 18 years managing Smith, Lease & Goldstein, LLC's employment counseling and litigation practice, Marc launched his own boutique practice...

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Representation Of Employers And Employees

The Law Office of Marc J. Smith, LLC is a boutique employment law practice based in downtown Rockville, Maryland near the Montgomery County Circuit and District Courts. The Firm’s practice focuses exclusively in the employment law arena and provides counseling, litigation and a wide range of other employment-related services to employers and employees throughout the State of Maryland, Washington D.C. and other jurisdictions. The Firm also represents individuals who have failed to register with the Selective Service System and who are trying to apply for or maintain federal employment.

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