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October 22, 2012
Will the 2012 election outcome impact FLSA ‘right to know’ regs?

In a new “Eye on the Election” video, BLR’s Patricia Trainor, JD, SPHR, Senior Managing Editor, Human Resources, explains where Barack Obama and Mitt Romney stand on issues related to HR and employment law, including the pending ‘right to know’ regulations under the Fair Labor Standards Act (FLSA).

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Overview of FLSA ‘right to know’ regulations

The Department of Labor’s (DOL) proposed ‘right to know’ regulations would require employers to inform employees of their rights under the Fair Labor Standards Act (FLSA).

Employers would also be required to do a classification analysis of their exempt employees. They would have to provide employees with a copy of the analysis and retain a copy in case the DOL’s Wage & Hour Division (WHD) ever requests one.

This proposed rule has been postponed several times and the earliest it could be enacted is January 2013.

Presidential candidates’ stance

If Obama is elected…
If Obama is elected, the regulation is likely to be passed and become a final regulation, probably in the beginning of the year, says Trainor.

If Romney is elected…
If Romney is elected, it’s very unlikely that he would push through regulations that create a burden for employers.

In the interview, Trainor also discusses how the 2012 election could impact affirmative action regulations for government contractors, as well as the NLRB’s reach regarding issues such as social media policies and employee handbooks.

Watch Trainor’s interview now.

For a background on the proposed regulations, read FLSA: How 2012 election impacted ‘Right to Know’ rule.

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