U.S. Congress - H.R.6111 Employee Misclassification Prevention Act
H.R.6111 - 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. view all titles (2)
All Bill Titles
- Short: Employee Misclassification Prevention Act as introduced.
- Official: 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. as introduced.
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Official Summary
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 (2) provide certain noticOfficial Summary
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
(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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Recent News Coverage
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 ...
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 ...
Recent Blog Coverage
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A Look Back at 2008
H.R.6111 and S.3648. were introduced to amend the Fair Labor Standards Act requiring employers to keep records on non-employees who perform services and to penalize employers who misclassify employees as non-employees. ...
New Wage And Hour Law Compliance - Course Details
S. 3648 and its House counterpart, H.R. 6111: Provides for double liquidated damages where employers violate FLSA maximum hours or minimum wage requirements in addition to engaging in worker misclassification. ...
New Wage And Hour Law Compliance - Course Details
S. 3648 and its House counterpart, H.R. 6111: Provides for double liquidated damages where employers violate FLSA maximum hours or minimum wage requirements in addition to engaging in worker misclassification. ...
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