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HR 5107 111th Congress House

Employee Misclassification Prevention Act

Official title: To 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… Show full official titleShow less

Official title: To 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, and for other purposes.

Introduced: September 29, 2010 See on congress.gov
Labor and Employment Administrative law and regulatory proceduresDepartment of LaborEmployment discrimination and employee rightsGovernment information and archives
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Government studies and investigationsLabor standardsPerformance measurementPersonnel recordsTax administration and collection, taxpayersUnemploymentWages and earnings
This bill died when the 111th Congress ended
It never became law before the 111th Congress (2009–2010) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 5 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
May 3, 2010
Referred to the Subcommittee on Income Security and Family Support.
Apr 22, 2010
Referred to House Ways and Means
Apr 22, 2010
Referred to the Committee on Education and Labor, 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.
Apr 22, 2010
Referred to House Education and Labor
Apr 22, 2010
Introduced in House
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 Latest action May 3, 2010

Referred to the Subcommittee on Income Security and Family Support.

 Plain-English summary Congressional Research Service

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).

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 3
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APA
U.S. Congress. (2026). H.R. 5107: Employee Misclassification Prevention Act. 111th Congress. Open America. https://openamerica.io/bill/111-HR-5107/
MLA
"H.R. 5107: Employee Misclassification Prevention Act." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-HR-5107/.
Bluebook (legal)
H.R. 5107, 111th Cong. (2026), https://openamerica.io/bill/111-HR-5107/.
Markdown link
[H.R. 5107: Employee Misclassification Prevention Act](https://openamerica.io/bill/111-HR-5107/)
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