H.R. 6111 would 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.
Detailed Summary
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).
Status of the Legislation
Latest Major Action: 6/2/2008: Referred to House subcommittee. Status: Referred to the Subcommittee on Income Security and Family Support.
Points in Favor
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Points Against
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Visitor Comments
Mark
As a former "independant contractor" in the cable TV industry, I support this bill. This bill will help the massive amounts of workers in the Cable TV/Satellite installation field. Employers wrongfully classifying field installers as "independant contractors" is so rampant in our industry, it is, in some cases, driving wages below Federal minimum wage. The field installers have been seeing a steady decline in wages earned for the past 6 years due to this criminal practice. I hope our country's leaders pass this bill to support American workers.