DOL Proposes Survey On Independent Contractor Misclassification

The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations.

As part of its ongoing Misclassification Initiative, on January 11, the U.S. Department of Labor (DOL) proposed commissioning a nearly $1.9 million survey intended to explore the extent and nature of independent contractor misclassification.¹ The proposed survey would involve interviews of more than 10,000 workers from various industries over the course of the next two years. It is expected that the results of the survey will inform the DOL's enforcement efforts and lead to new rulemaking, including the proposed rule that would require employers to provide notice to workers regarding their status as employees or independent contractors, the basis for those classifications, and a description of how their pay is computed. Comments on the proposed survey are due to the DOL by March 12, 2013.