It appears that Congress has again turned its attention to the issue of employee/independent contractor classification. On October 13, 2011, Rep. Lynn Woolsey (D-CA) reintroduced legislation titled the “Employee Misclassification Prevention Act” (EMPA). This bill, if enacted, would amend the Fair Labor Standards Act to impose new obligations on employers which utilize independent contractors, and also penalties for employers which misclassify employees as contractors. Similar legislation was also introduced in the Senate last April, further suggesting that this issue of contractor classification is gaining traction in Congress. The EMPA, as it is presently drafted, proposes the following...
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