Employee Misclassification Prevention Act

Bill: 110-hr-6111
Sponsor: Rep. Andrews, Robert E. [D-NJ-1]
Introduced: 2008-05-21 in the House
Policy area: Labor and Employment
Subjects: Business records
Commerce
Contractors
Damages
Electronic government information
Employee rights
Employers' liability
Fines (Penalties)
Fraud
Government Operations and Politics
Government paperwork
Government publicity
Hours of labor
Income tax
Law
Minimum wages
Science, Technology, Communications
State laws
Tax evasion
Tax returns
Taxation
Unemployment insurance

Summary:
action_date: 2008-05-21
text: 
Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 to require every employer to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work) for remuneration; and (2) provide certain notice to each employee and non-employee, including their classification as an employee or non-employee and information concerning their rights under the law. 
 
Makes it unlawful for any person to fail to accurately classify an employee or non-employee.
 
Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who repeatedly or willfully violates such notice requirements to a civil penalty not to exceed $10,000 for each violation.
 
Directs the Secretary of Labor to establish a web page on the Department of Labor website that summarizes the rights of employees under the Fair Labor Standards Act and other federal laws.
 
Requires, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage; and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees. 
 
Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by an employer that it discovers to the Department's Employment Standards Administration (ESA). Authorizes the ESA to report such information to the Internal Revenue Service (IRS). 


Legislative actions:
action_date: 2008-06-02
text: Referred to the Subcommittee on Income Security and Family Support.
action_date: 2008-05-23
text: Sponsor introductory remarks on measure. (CR E1049)
action_date: 2008-05-21
text: Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-05-21
text: Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-05-21
text: Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-05-21
text: Introduced in House
action_date: 2008-05-21
text: Introduced in House