Employee Misclassification Prevention Act

referredUnited States· United States Congress· EN

Introduced

13 October 2011

Last action

18 November 2011 · Referred

Status

Referred to the Subcommittee on Workforce Protections.

Summary

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 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).

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

13 October 2011
Introduced
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Source: IntroReferral
13 October 2011
Introduced
Introduced in House
Source: IntroReferral
13 October 2011
Introduced
Introduced in House
Source: IntroReferral
17 October 2011
Referred
Referred for a period ending not later than October 17, 2011, (or for a later time if the Chairman so designates) to the Subcommittee on Human Resources, in each case for consideration of such provisions as fall within the jurisdiction of the subcommittee concerned.
Source: Committee
18 November 2011
Referred
Referred to the Subcommittee on Workforce Protections.
Source: Committee

Votes

No vote records are attached yet.

Versions

Introduced in House · 13 October 2011 · Download file

Documents

3 official files

Introduced in House (text)

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Introduced in House (text)
Introduced in House · EN · 13 October 2011
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Introduced in House (PDF)
Introduced in House · EN · 13 October 2011
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Introduced in House
summary · EN · 13 October 2011
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Vertaal dit document naar jouw taal. PoliticalRepo bewaart geen aparte kopie per EU-taal.
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Related records

related to ← Act for the 99%
related to ← Payroll Fraud Prevention Act

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.

Official source: https://www.congress.gov/bill/112th-congress/house-bill/3178
Open data entity: https://api.congress.gov/v3/bill/112/hr/3178
us · 112-hr-3178 · source updated 23 March 2026