H.R. 5107, The Employee Misclassification Prevention Act (23 comments ↓)

  • This item is from the 111th Congress (2009-2010) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
  • This bill, or a similar bill, was reintroduced in the current Congress as H.R. 3178, The Employee Misclassification Prevention Act.

H.R. 5107 would amend the Fair Labor Standards Act of 1938 to require persons to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for persons who misclassify employees as non-employees.

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May 3, 2010, 2:28pm (report abuse)

It won't be enforced by democrats except used selectively to harass conservative or republican supporters - there are plenty of rules against "under the table" work already.....it could be considered just another distraction and loss of fredom by making life totally unbearable for anyone who wishes to succeed in business and compete with the nanny-state our country has become...


May 3, 2010, 2:36pm (report abuse)

As Schumer says..."The Devil is in the Details" as we have all found out unfortunately in the Health Care Bill. All of these "rushed" bills we don't need are just expedited efforts at destroying our constitutional rights and freedoms by the frothing Marxist's currently in power.... Today obama says we all should welcome government controlled media.....instead of one that rightfully criticizes him. Isn't it what we have already?

Are you all in favor of dissolving this Republic?


May 3, 2010, 3:22pm (report abuse)

I have to wonder if the individuals writing the bills have a clue regarding the implementation of the regulations.


May 3, 2010, 4:33pm (report abuse)

I have been an employer for about 40 years and I have never had a problem determining whether a person if an employee or a contractor.

Kathy Tanea

May 3, 2010, 4:57pm (report abuse)

The IRS already legislated this with the Independent Contractor vs Employee rules and regulations. If you get audited by the IRS, that is one of the first things they look for (Non-payroll payments for services) They have several items that would make a contractor an employee rather than a contractor. We have enough legislation to cover this. NO more paper should be wasted.

Kathy Tanea, CGFm

Director of Finance

Town of Webster


May 3, 2010, 5:24pm (report abuse)

As an HR Manager, more and more of my time is being spent churning out forms to comply with the latest federal notification regulations; and much less time actually helping employees improve and become more productive.

I have better things to do and am planning to leave the profession.


May 3, 2010, 6:07pm (report abuse)

Can we avoid making this a Democratic vs. Republican/ Marxist/Socialist/issue, and just stick to the merits or lack of merits of the bill itself? I agree that we are overwhelmed with paperwork and recordkeeping, and I hope this bill doesn't pass. We are all too well aware of the penalties for misclassification, and this goes overboard.

Sadly, some comments will go overboard too.


May 3, 2010, 9:04pm (report abuse)

I have to admit when someone insults another persons political viewpoint (as Marxist/Socialist/Communist/Liberal/Conservative/etc.) or party leader that's my cue to tune out what ever the other person has to say since it shows they have great difficult communicating respectively much less debating intelligently and respectively.

I'll reserve final judgement for when I read the bill, however the summary does nothing to earn my support. Then again, I also think people should play by the rules. Bills like this are drafted because someone fails to do so.


May 5, 2010, 12:15am (report abuse)

Why don't we just have a more clear definition of the classifications and better enforcement of the current regulations? Just a thought -

And FYI - If the months of debate over healthcare reform was too quick - where was the outcry over the speedy 4 week "deliberation" and passing of the Patriot Act? Just a thought


(logged-in user) May 5, 2010, 9:19am (report abuse)

The initiative taken for the concern is very serious and need an

attention of every one. This is the concern which exists in the

society and needs to be eliminated from the society as soon as




Savings Guidance

Hey cristina69

May 5, 2010, 10:44am (report abuse)

Say What? Your command of the english language is less than understandable.


May 6, 2010, 4:11pm (report abuse)

Bills like this come about because of abuse. Lets face it. There are companies out there who refuse to do the right thing. As a result, all suffer the consequences...especially HR professionals who have to get companies into compliance and oftentimes fight internally to do so.

The Atheist Party

May 8, 2010, 11:17pm (report abuse)

I support this bill. Employees should not be treated as if they were not working for their company. Most of all employees should not be charged and/or convicted of trespassing on company property unless they are fired or laid off. As for non-employees, they are not allowed to work for a company unless they are hired, or if they are students from a non-profit job training facility.

You people haven't read the bill correctly. This bill has nothing to do with communism, socialism, or Marxism. This is about righting the wrong, the job economy way.


May 12, 2010, 1:17am (report abuse)

Free market: A few productive ones take unfair advantage. Nanny gov't: Schmucks thrive, economy dies.


May 13, 2010, 1:03pm (report abuse)

Working with government agencies has become a way of life, and this wreaks of protecting insurance companies. Employees defraud, employers are so burden with insurance costs, they have inexperienced employees in risk assessment jobs they do not understand and the insurance companies grease a congressional palm to get a bill like this one in place to protect themselves from claims and Government finds a way to assess penalties. Result: weaken the American industry and reduce or export jobs.


June 9, 2010, 3:08pm (report abuse)

Government thrives and industry dies. When no businesses are left who is going to be paying for all the expanded government workforce?

Scary times and definitely won't see many start ups from now on.


July 27, 2010, 10:01am (report abuse)

Obviously the people who are critical of this bill are either 1). work for a Republican legislator; or 2). have no idea whatsoever of the abuse by employers in misclassifying employees so they can escape paying any benefits or overtime. Get the facts straight and you would support this important legislation.


August 8, 2010, 10:20pm (report abuse)

There are industries, construction in particular, where employers abuse IC status depriving workers of overtime, unemployment, social security and workers compensation insurance. All the people who observe the rules and pay their fair share wind up paying for this abuse. Employers who misclassify defraud you and me. This bill should be passed.

logical cynic

September 9, 2010, 5:40pm (report abuse)

I accepted an early retirement package at age 62, moved to another state and was fortunate to find another job as a consultant. I can work up to 4 10-hour days a week and receive no benefits but am compensated handsomely. I plan to reach complete retirement at 66. I am paying for my retirement medical insurance through my former employer so that I insure my wife (8 years younger) will have coverage when I qualify for Medicare. She cannot be insured privately. What I am hearing from my current employer is that my options are to become a 40 or 30 hour per week employee getting benefits I don't want while getting paid less or working less than 20 hours a week without benefits thereby cutting my maximum take-home pay in half. I am suffering none of the problems the bill is supposed to be correcting. If I lose the job I can go directly to Social Security. Thank you for your help, Fed Gov. Bring back the Whig party!

A Question

September 16, 2010, 12:28am (report abuse)

for all you who voted for Obama.

Are you ashamed yet? You certainly should be.


October 29, 2010, 6:44pm (report abuse)

As an attorney, I represent both employers and employees. Unfortunately, too many companies stretch the definition of "independent contractor." It happens routinely and frequently enough. Employers who engage in deliberate misclassification, to avoid having to provide workers compensation and withhold payroll taxes, gain an unfair advantage over businesses who do the right thing.


February 7, 2011, 12:52pm (report abuse)

The problem is that there are too many ways to define who is an employee - FLSA uses Economic Reality; many states use the ABC test(but put emphasis of different parts of the test and the IRS uses the 20 Common Law factors / Categories of Evidence test. One of the major problems is that the intrepretation and enforcement of the different test could mean you are an employee for overtime pay, an independent contractor under state income tax, an employee for workers' compensation, etc.

No more permatemps!

February 8, 2011, 12:22am (report abuse)

I did not enjoy my stint as a Permatemp at Apple in the slightest. I'd rather have benefits, and no, I don't believe that makes me some sort of proponent of the 'nanny state.' It makes me someone who wants to be treated like a citizen. The sad thing is, I was actually better off living as a non-citizen in Europe. At least there, I had real access to health care. I am deeply disappointed that Obama has turned out to be the butt boy spokesperson of the big corporations. He has turned out to be a good public speaker who has prostituted his gift. If you all think being a Permatemp without benefits is living the high life, I really pity you. I do not suffer fools and sheeple gladly.

Thank you, TsamisLaw, for bringing some common sense to this discussion. It is absolutely a violation of regular labor practice.

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