April 18, 2014

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 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.


About the Author

Tina A. Syring Labor and Employment Law attorney

Tina A. Syring is a partner in Barnes & Thornburg LLP’s Minneapolis office and a member of the firm’s Labor and Employment Law Department.


Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certai