Web Chat Participants Ask Several Questions, Receive Few Answers from DOL's Wage and Hour Division

Much to the frustration of many seeking more information about the Department of Labor’s regulatory agenda during the Wage and Hour Division’s (WHD) online chat held on Wednesday, WHD Deputy Administrator Nancy Leppink provided few concrete answers. Leppink did note that the agency still plans to release its long-awaited Right to Know proposed rule by the end of October 2011. This proposal would expand the recordkeeping regulations under the Fair Labor Standards Act (FLSA) to “increase transparency.” Although several participants sought details about this proposal, including why such a rule is needed in the first place, Leppink responded:

As discussed in the Regulatory Agenda, the intent of this rulemaking is to foster more openness and transparency in demonstrating employers’ compliance with applicable requirements to their workers, to better ensure compliance by regulated entities, and to assist in enforcement. Currently, the proposed rule is still under development, therefore it is premature to discuss what will and will not be included in the proposal. Upon completion the proposed rule will be published in the Federal Register. For information on publication of the proposal, please monitor the Department's regulation Web site, http://www.dol.gov/regulations/. We encourage you to comment on the proposal when it is published.

Several other chat participants asked about the WHD’s intent to issue a proposed rule that would apply the FLSA to domestic service workers by possibly amending or removing the “companionship services” exemption. Many claimed that the social and economic impact of this possibility would be “tremendous” and result in fewer home care providers. In response, Leppink repeated her position that since the proposed rule is still under development, it would be “premature to discuss what will and will not be included in the proposal.” The proposed rule is slated to be released in October.

A list of items on the DOL’s regulatory agenda can be found here. A complete transcript of the web chat can be found here.