Part-Time and Temporary Workers Protection Act of 1996

Summary

TABLE OF CONTENTS: Title I: Protection of Part-Time and Temporary Workers Title II: Misclassification of Employees as Independent Contractors Part-Time and Temporary Workers Protection Act of 1996 - Title I: Protection of Part-Time and Temporary Workers - Amends the Internal Revenue Code to revise requirements for approval of State unemployment compensation laws to provide for for unemployment compensation eligibility for certain individuals seeking part-time employment. (Sec. 102) Directs the Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics, to conduct an annual survey identifying characteristics of temporary workers and their relationships with their employers. (Sec. 103) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for protection and treatment of part-time and temporary workers under: (1) participation, vesting, and accrual rules governing pension plans; and (2) group health plans. Expands the definition of employee to include certain individuals whose services are leased or contracted. Title II: Misclassification of Employees as Independent Contractors - Amends the Internal Revenue Code to provide for the waiver of employment tax liability for employers if: (1) the employer did not treat an individual as an employee for purposes of employment taxes; (2) the treatment of such individual was based on a reasonable good faith misapplication of the common law rules for determining the employer-employee relationship; (3) Federal tax returns were filed on a basis consistent with the treatment of such individual as not being an employee; (4) the employer (and any predecessor) did not treat any other individual holding a substantially similar position as an employee for employment tax purposes after December 31, 1977; and (5) the employer enters into a closing agreement with the Secretary of the Treasury with respect to treating such individual as an employee. (Sec. 202) Amends the Federal Property and Administrative Services Act of 1949 to: (1) make persons who willfully misclassify an individual for employment tax purposes ineligible for any Government contract; (2) require a person who submits a bid or proposal for a Government contract to certify that the bid or proposal amount is adequate to pay all employment taxes; and (3) allow a person who submits a bid or proposal for a Government contract, and who suffers damages as a result of the contract award to a person who knowingly and willfully submits a false certification to bring an action for damages against such person. (Sec. 203) Amends Federal law to apply the same requirements and right of action to defense contracts.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 19 June 1996

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• Introduced in House (PDF)

  Introduced in House · EN · 19 June 1996

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• Introduced in House

  summary · EN · 19 June 1996

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