3.0.0 3648 2020-02-10T17:02:39Z 2020-02-10T17:02:39Z Senate S S 2008-09-29 110 sshr00 Health, Education, Labor, and Pensions Committee Senate Standing Referred to 2008-09-29T16:25:49Z Employee Misclassification Prevention Act 110 6111 HR 2008-06-02 Referred to the Subcommittee on Income Security and Family Support. Related bill CRS 2008-09-29 sshr00 Health, Education, Labor, and Pensions Committee Senate Read twice and referred to the Committee on Health, Education, Labor, and Pensions. IntroReferral 2008-09-29 Introduced in Senate IntroReferral 10000 9 Library of Congress K000105 Sen. Kennedy, Edward M. [D-MA] EDWARD KENNEDY D MA MOORE N O000167 Sen. Obama, Barack [D-IL] Barack Obama D IL 2008-09-29 True K000148 Sen. Kerry, John F. [D-MA] JOHN KERRY D MA FORBES 2008-09-29 True Labor and Employment 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 Labor and Employment 00 2008-09-29 Introduced in Senate 2009-02-17T20:55:57Z 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).

]]> Employee Misclassification Prevention Act Short Titles as Introduced Employee Misclassification Prevention Act Display Title Employee Misclassification Prevention Act Official Title as Introduced A bill 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. Introduced in Senate 2008-09-29T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s3648is/xml/BILLS-110s3648is.xml 2008-09-29 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.