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An eagle-eyed reader elucidates the difference between legislation and regulation, among others.

Monday, May 6, 2013
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In this piece you say:

" ... when the DOL first proposed its "Right to Know Under the Fair Labor Standards Act," which has yet to be passed. According to the DOL's description of the proposed regulation, posted on its website, its intent is "to update the record-keeping regulations under the [FLSA] in order to enhance the transparency and disclosure to workers of their status as the employer's employee or some other status, such as an independent contractor, and if an employee, how their pay is computed." It also says it wants 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."

The DOL has not proposed this regulation. And regulations are not "passed." Legislation is passed. Regulations are issued, finalized or promulgated. What they posted is their intention to pursue this rulemaking and what they expect it will say/accomplish, not the proposed regulation.

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Marc Freedman

Executive Director of Labor Law Policy

U.S. Chamber of Commerce

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