U.S. Congress - S.3254 Employee Misclassification Prevention Act
S.3254 - Employee Misclassification Prevention Act
A bill to amend the Fair Labor Standards Act of 1938 to require persons to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for persons who misclassify employees as non-employees, and for other purposes. view all titles (2)
All Bill Titles
- Official: A bill to amend the Fair Labor Standards Act of 1938 to require persons to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for persons who misclassify employees as non-employees, and for other purposes. as introduced.
- Short: Employee Misclassification Prevention Act as introduced.
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Official Summary
4/22/2010--Introduced.Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work), including through an entity such as a truOfficial Summary
4/22/2010--Introduced.Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person to:(1) keep records of non-employees (contractors) who perform labor or services (except substitute work), including through an entity such as a trust, estate, partnership, association, company, or corporation, for remuneration; and
(2) provide certain notice to each new employee and new 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:
(1) discharge or otherwise discriminate against an individual (including an employee) who has opposed any practice, or filed a complaint or instituted any proceeding related to this Act, including with respect to an individual's status as an employee or non-employee; and
(2) fail to classify accurately 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:
(1) violates such requirements (including recordkeeping requirements) to a civil penalty of up to $1,100; or
(2) repeatedly or willfully violates such requirements to a civil penalty of up to $5,000 for each violation. Directs the Secretary of Labor to establish a webpage on the Department of Labor website that summarizes the rights of employees under this Act and other appropriate information. Amends the Social Security Act to require, 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 a person subject to the FLSA that it discovers to the Department's Wage and Hour Division (WHD). Authorizes the WHD to report such information to the Internal Revenue Service (IRS).
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Recent Blog Coverage
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Employee or Contractor: Watch Your Classifications | Provider ...
The Employee Misclassification Prevention Act (H.R. 5107/S. 3254) would increase penalties for misclassification under the FLSA, require employers to notify workers of their classification in writing, and direct states to strengthen ...
Bills Affecting Independent Contractors « 1099 Time Bomb
The Employee Misclassification Protection Act (H.R. 5107 and S. 3254), was introduced April 22, 2010, and focuses on wage and hour issues associated with worker misclassification. This proposal would amend the Fair Labor Standards Act, ...
Congressional Approach to Misclassification of Employees as ...
EMPA was introduced in late April 2010 by the Senate (S. 3254) and House (H.R. 5107). EMPA would amend an existing law, the Fair Labor Standards Act (FLSA), by creating a new labor law offense: misclassification of an employee as an ...
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