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ARTICLE · 02 JUNE 2010

New Penalties for Misclassifying Workers

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On April 22, 2010, identical bills (H.R. 5107 and S. 3254) entitled the Employee Misclassification Prevention Act ("EMPA") were presented to both houses of Congress.

United StatesEmployment and HR
Michael Henry
Michael Henry

On April 22, 2010, identical bills (H.R. 5107 and S. 3254) entitled the Employee Misclassification Prevention Act ("EMPA") were presented to both houses of Congress. These bills amend portions of the Fair Labor Standards Act ("FLSA") to combat employers' misclassification of workers as independent contractors rather than employees, thereby avoiding protections and benefits only granted to employees, such as minimum wage laws, overtime compensation, employment discrimination laws, unemployment insurance and workers' compensation. The bills were presented by Rep. Lynn Woolsey of California in the House and Senator Sherrod Brown of Ohio in the Senate. Both bills have been referred to their respective committees.

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