DOL Publishes Annual Adjustments to Civil Monetary Penalties

January 20, 2020

The Department on Labor (DOL) has released a final rule adjusting for inflation the civil monetary penalties that it assesses or enforces pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). Thefinal rule is effective as of January 15, 2020. The final rule makes the following adjustments for violations that the Occupational Safety and Health Administration (OSHA) enforces: Serious violations—maximum penalty increases from $13,260 to $13,494; Other-than-serious violations—maximum penalty increases from $13,260 to $13,494; Willful violations—minimum penalty increases from $9,472 to $9,639; maximum penalty increases from $132,598 to $134,937; Repeated violations—maximum penalty increases from $132,598 to $134,937; Posting requirement violations—maximum penalty increases from $13,260 to $13,494; and Failure-to-abate violations—maximum penalty increases from $13,260 per day to $13,494 per day. The final rule makes the following adjustments for violations the Wage and Hour Division enforces: the maximum penalty for repeated or willful violations of the minimum wage or overtime provisions of the Fair Labor Standards Act increases from $2,014 to $2,050; and the maximum penalty for violations of Family and Medical Leave Act notice-posting requirements increases from $173 to $176.