Employee Misclassification Prevention Act

To amend the Fair Labor Standards Act to require employers to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for employers who misclassify employees as non-employees, and for other purposes.

5/21/2008--Introduced.
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
<b>(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).

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Sponsor

• Rep. Robert Andrews [D, NJ-1]
• and 23 Co-Sponsors
  • Rep. Timothy Bishop [D, NY-1]
  • Rep. Yvette Clarke [D, NY-11]
  • Rep. Danny Davis [D, IL-7]
  • Rep. Raul Grijalva [D, AZ-7]
  • Rep. Phil Hare [D, IL-17]
  • Rep. Rubén Hinojosa [D, TX-15]
  • Rep. Mazie Hirono [D, HI-2]
  • Rep. Rush Holt [D, NJ-12]
  • Rep. Dale Kildee [D, MI-5]
  • Rep. Dennis Kucinich [D, OH-10]
  • Rep. David Loebsack [D, IA-2]
  • Rep. Carolyn McCarthy [D, NY-4]
  • Rep. James McDermott [D, WA-7]
  • Rep. Michael Michaud [D, ME-2]
  • Rep. George Miller [D, CA-7]
  • Rep. Donald Payne [D, NJ-10]
  • Rep. Linda Sanchez [D, CA-39]
  • Rep. John Sarbanes [D, MD-3]
  • Rep. Robert Scott [D, VA-3]
  • Rep. Carol Shea-Porter [D, NH-1]
  • Rep. John Tierney [D, MA-6]
  • Rep. Lynn Woolsey [D, CA-6]
  • Rep. David Wu [D, OR-1]
  close

Committees

• House Ways and Means
• 2 more
  • House Education and Labor
  • House Ways and Means
  close

Amendments

This bill has no amendments.

Amendments to H.R.6111

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
May 21, 2008

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All Bill Actions

• Jun 02, 2008: Referred to the Subcommittee on Income Security and Family Support.
• May 23, 2008: Sponsor introductory remarks on measure. (CR E1049)
• May 21, 2008: Referred to House Ways and Means
• May 21, 2008: Referred to House Education and Labor
• May 21, 2008: 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.
• Introduced on May 21, 2008.

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In the News

May 27, 2008 Proposed bill would prevent improper worker misclassification

Called the Employee Misclassification Prevention Act (HR 6111), the proposed bill would clarify that such misclassifications are a prohibited under the Fair ...

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Source: CCH

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May 27, 2008 House Bill Would Penalize Employee Misclassification

The bill, the Employee Misclassification Prevention Act of 2008 (HR 6111), would impose penalties on employers who misclassify employees as independent ...

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Source: Occupational Health Safety, TX

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August 30, 2008 Rowan Drilling Co (RDC) … helped by new trade bill?

... health care for miners who worked for companies that have gone out of business. –Permanently normalize trade with Vietnam and extend trade benefits for four Andean nations, sub-Saharan African countries and Haiti. The bill is HR 6111.

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Source: Stock

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August 15, 2008 Independent Contractor…Or Just an Employee in Disguise?

In May 2008, the US House of Representatives introduced the Employee Misclassification Prevention Act (HR 6111). As its name suggests, this legislation targets employers who misclassify their employees as "independent contractors. ...

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Source: Achievant

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August 15, 2008 Independent Contractor…Or Just an Employee in Disguise?

In May 2008, the US House of Representatives introduced the Employee Misclassification Prevention Act (HR 6111). As its name suggests, this legislation targets employers who misclassify their employees as "independent contractors. ...

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Source: HRIS Software Services

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