US Congress House Bill 3178 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 33-0)
Status: Introduced on October 13 2011 - 25% progression, died in committee
Action: 2011-11-18 - Referred to the Subcommittee on Workforce Protections.
Pending: House Subcommittee on Workforce Protections Committee
Text: Latest bill text (Introduced) [PDF]

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).

Employee Misclassification Prevention Act

Rep. Lynn Woolsey [D-CA]	Rep. Robert Andrews [D-NJ]	Rep. Timothy Bishop [D-NY]	Rep. Judy Chu [D-CA]
Rep. Lacy Clay [D-MO]	Rep. John Conyers [D-MI]	Rep. Elijah Cummings [D-MD]	Rep. Rosa DeLauro [D-CT]
Rep. Keith Ellison [D-MN]	Rep. Anna Eshoo [D-CA]	Rep. Sam Farr [D-CA]	Rep. Raul Grijalva [D-AZ]
Rep. Luis Gutierrez [D-IL]	Rep. Janice Hahn [D-CA]	Rep. Maurice Hinchey [D-NY]	Rep. Rush Holt [D-NJ]
Rep. Michael Honda [D-CA]	Rep. Dennis Kucinich [D-OH]	Rep. Barbara Lee [D-CA]	Rep. Daniel Lipinski [D-IL]
Rep. David Loebsack [D-IA]	Rep. Betty McCollum [D-MN]	Rep. George Miller [D-CA]	Rep. James Moran [D-VA]
Rep. Jerrold Nadler [D-NY]	Rep. Eleanor Norton [D-DC]	Rep. Donald Payne [D-NJ]	Rep. Laura Richardson [D-CA]
Rep. Lucille Roybal-Allard [D-CA]	Rep. Janice Schakowsky [D-IL]	Rep. Robert Scott [D-VA]	Rep. Fortney Stark [D-CA]
Rep. John Tierney [D-MA]

Date	Chamber	Action
2011-11-18	House	Referred to the Subcommittee on Workforce Protections.
2011-10-17	House	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.
2011-10-13	House	Referred to House Ways and Means
2011-10-13	House	Referred to House Education and the Workforce
2011-10-13	House	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.

SB770 (Related) 2011-04-08 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
HB3638 (Related) 2012-02-09 - Referred to the Subcommittee on Insurance, Housing and Community Opportunity.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/3178/all-info
Text	https://www.congress.gov/112/bills/hr3178/BILLS-112hr3178ih.pdf