The Payroll Fraud Prevention Act (S.770) [PFPA], introduced April 8th, would amend the Fair Labor Standards Act of 1938 intended to eradicate employer misclassification of employees. The PFPA is focused specifically on independent contractors for payroll and unemployment purposes.
If enacted, the PFPA will:
- expand the FLSA to include independent contractors, placing their employment under DOL supervision making employers subject to audits
- require the DOL to report any misclassifications directly to the IRS
- institute a penalty from $1,110 to $5,000 per employee for employers caught violating payroll classifications
- set a provision of triple damages if an employer is caught violating the minimum wage or overtime laws for misclassified employees
- require companies to provide all employees with written notice on current policy detailing their individual status with the company
- pierce the so-called “corporate veil” to include independent contractors with business entity types of corporation or LLC
- establish under federal law a provision that makes it a “special prohibited act” to “wrongfully classify an employee as a non-employee”
Consistent with the labor policy of the current administration, the PFPA is a revision of the 2010 Employee Misclassification Prevention Act bill that ended up buried in subcommittees. Senators Tom Harkin (D-IA) and Sherrod Brown (D-OH) are the driving force of the Act, having sponsored both the EMPA and PFPA. For the 112th Congress, the Senators polished up last year’s language adding a section that calls for the Department of Labor to establish web page explaining how the PFPA impacts the FLSA should S.770 pass.
So far, the PFPA is still under consideration, assigned to the Senate Committee on Heath, Education, Labor and Pensions. It has yet to be introduced to this session of the House and as of now, has far less sponsors than its predecessor. Stay tuned.
For the latest info on the PFPA, check the bill’s Thomas page at the Library of Congress website.








