S. 770 (112th): Payroll Fraud Prevention Act

Introduced:
Apr 08, 2011 (112th Congress, 2011–2013)
Status:
Died (Referred to Committee)
Sponsor
Sherrod Brown
Senator from Ohio
Party
Democrat
Text
Read Text »
Last Updated
Apr 08, 2011
Length
13 pages
Related Bills
H.R. 3178 (Related)
Employee Misclassification Prevention Act

Referred to Committee
Last Action: Oct 13, 2011

 
Status

This bill was introduced on April 8, 2011, in a previous session of Congress, but was not enacted.

Progress
Introduced Apr 08, 2011
Referred to Committee Apr 08, 2011
 
Full Title

A bill to amend the Fair Labor Standards Act of 1938 to ensure that employees are not misclassified as non-employees, and for other purposes.

Summary

No summaries available.

Cosponsors
3 cosponsors (3D) (show)
Committees

Senate Health, Education, Labor, and Pensions

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

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Citation

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Notes

S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


4/8/2011--Introduced.
Payroll Fraud Prevention Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person (including every employer and enterprise) that employs an employee or non-employee who performs labor or services, including through an entity such as a trust, estate, partnership, association, company, or corporation, to:
(1) classify such individuals accurately as employees or non-employees; and
(2) notify each new employee and new non-employee of his or her classification as an employee or non-employee, together with 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) wrongly classify an employee as a 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 single Web page on the Department of Labor website that summarizes the rights of employees and non-employees under the FLSA and this Act.
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).

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

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