3.0.0 3254 2023-01-11T13:15:58Z 2023-01-11T13:15:58Z Senate S S 2010-04-22 111 sshr00 Health, Education, Labor, and Pensions Committee Senate Standing Hearings by 2010-06-17T20:44:49Z Referred to 2010-04-22T21:46:48Z Employee Misclassification Prevention Act 111 5107 HR 2010-05-03 Referred to the Subcommittee on Income Security and Family Support. Identical bill CRS 2010-06-17 sshr00 Health, Education, Labor, and Pensions Committee Senate Committee on Health, Education, Labor, and Pensions. Hearings held. Hearings printed: S.Hrg. 111-1146. Committee 2010-04-22 sshr00 Health, Education, Labor, and Pensions Committee Senate Read twice and referred to the Committee on Health, Education, Labor, and Pensions. IntroReferral 2010-04-22 Introduced in Senate IntroReferral 10000 9 Library of Congress B000944 Sen. Brown, Sherrod [D-OH] Sherrod Brown D OH N H000206 Sen. Harkin, Tom [D-IA] THOMAS HARKIN D IA RICHARD 2010-04-22 True D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. 2010-04-22 True M001111 Sen. Murray, Patty [D-WA] Patty Murray D WA 2010-04-22 True C001070 Sen. Casey, Robert P., Jr. [D-PA] Bob Casey D PA 2010-04-22 True M001176 Sen. Merkley, Jeff [D-OR] Jeff Merkley D OR 2010-04-22 True F000457 Sen. Franken, Al [D-MN] Al Franken D MN 2010-04-26 False M000702 Sen. Mikulski, Barbara A. [D-MD] BARBARA MIKULSKI D MD ANN 2010-04-28 False T000464 Sen. Tester, Jon [D-MT] Jon Tester D MT 2010-06-18 False Labor and Employment Administrative law and regulatory procedures Department of Labor Employment discrimination and employee rights Government information and archives Government studies and investigations Labor standards Performance measurement Personnel records Tax administration and collection, taxpayers Unemployment Wages and earnings Labor and Employment 00 2010-04-22 Introduced in Senate 2010-06-22T21:17:38Z 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).

]]> Employee Misclassification Prevention Act Display Title Employee Misclassification Prevention Act Official Title as Introduced 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. Introduced in Senate IS Short Titles as Introduced Employee Misclassification Prevention Act Introduced in Senate 2010-04-22T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s3254is/xml/BILLS-111s3254is.xml 2010-06-17 Committee on Health, Education, Labor, and Pensions. Hearings held. Hearings printed: S.Hrg. 111-1146. 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.