Payroll Fraud Prevention Act of 2013
Latest action · Nov 12, 2013 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedNov 12, 2013
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Payroll Fraud Prevention Act of 2013- 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 legal rights.
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 webpage 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).
Cosponsors 6
Members who signed on, in the order they did. Signatures ran from Nov 12, 2013 to Jan 29, 2014, with 3 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MN | Al Franken | Original | Nov 12, 2013 |
| D-OH | Sherrod Brown | Original | Nov 12, 2013 |
| D-IA | Tom Harkin | Original | Nov 12, 2013 |
| D-MA | Elizabeth Warren | Nov 18, 2013 | |
| D-CT | Richard Blumenthal | Nov 18, 2013 | |
| D-OR | Jeff Merkley | Jan 29, 2014 |
Actions 2
Everything that happened, newest first.
- Nov 12, 2013Introduced in Senate
- Nov 12, 2013Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 4611 | Payroll Fraud Prevention Act of 2014 | Related bill | Jun 13, 2014 |
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
- Administrative law and regulatory procedures
- Department of Labor
- Employment discrimination and employee rights
- Government information and archives
- Government studies and investigations
- Labor and Employment
- Labor standards
- Performance measurement
- Personnel records
- Tax administration and collection, taxpayers
- Unemployment
- Wages and earnings
Text 1
Each version as it was printed, newest first.
- Nov 12, 2013Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.