Penalties for Violating FMLA, FLSA, OSH Act and Other Laws Shoot Up Nearly 8%
Author: Michael Cardman, XpertHR Senior Legal Editor
January 19, 2023
The cost of everything has been going up lately, and the cost of violating federal employment laws is no exception.
Employers that violate the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Occupational Safety and Health Act (OSH Act) and other laws enforced by the US Department of Labor (DOL) will face steeply higher penalties this year.
Congress passed a law in 2015 requiring the DOL to adjust its civil monetary penalties for inflation each year in order "to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect."
In accordance, the DOL has issued a new rule increasing by 7.7% the civil money penalties for violations of many of the employment laws it is charged with enforcing. These increases apply to any penalties assessed after January 15, 2023.
This year's penalty adjustments include the following:
| Law | Type of Violation | Maximum Penalty 2022 | Maximum Penalty 2023 |
|---|---|---|---|
| Family and Medical Leave Act (FMLA) | FMLA notice-posting requirements under +29 CFR § 825.300(a) | $189 | $204 |
| Fair Labor Standards Act (FLSA) | Repeated or willful violations of the minimum wage and overtime provisions under +29 CFR § 579.1(a)(2) | $2,203 | $2,374 |
| Child labor violations under +29 CFR § 570.140(b)(2) and +29 CFR § 579.1(a)(1)(i)(B) | $14,050 | $15,138 | |
| Child labor violations that cause serious injury or death under +29 CFR § 570.140(b)(2) and +29 CFR § 579.1(a)(1)(i)(B) | $63,855 | $68,801 | |
| Willful or repeated child labor violations that cause serious injury or death under +29 CFR § 570.140(b)(2) and +29 CFR § 579.1(a)(1)(i)(B) | $127,710 | $137,602 | |
| Occupational Safety and Health Act (OSH Act) | Serious and other-than-serious violations under +29 CFR § 1903.15(d)(3)-(4); posting-requirement violations under +29 CFR § 1903.15(d)(6); and repeated violations under +29 CFR § 1903.15(d)(2) | $14,502 | $15,625 |
| Willful violations under +29 CFR § 1903.15(d)(1) | $126,749 | $129,336 | |
| Failure-to-abate violations under +29 CFR § 1903.15(d)(5) | $14,502 per day | $15,625 per day |
Note: Penalty amounts are rounded to the nearest dollar.
The DOL also adjusted penalties for violations of certain regulations under the Employee Retirement Income Security Act, the Immigration and Nationality Act (regarding the H-2A, D-1 and H-1B visa programs), the Employee Polygraph Protection Act and the Federal Mine Safety and Health Act, among others.