An interim final rule released June 30 by the Department of Labor outlines increases to the fines employers will pay for violating wage and hour and safety laws.
The rule, scheduled to be published in the Federal Register on July 1, increases penalties under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The Act amended the Federal Civil Penalties Inflation Adjustment Act of 1990, and requires agencies to update their civil monetary penalties.
The rule includes fine increases for violations of the Fair Labor Standards Act (FLSA). Under the final rule, the penalty for:
- A repeated or willful violation of minimum wage or overtime laws increases to $1,894 per violation.
- A child labor violation increases to $12,080.
- A child labor violation resulting in serious injury or death increases to $12,080.
- A willful or repeated child labor violation resulting in serious injury or death increases to $109,820.
A number of posting penalties will also increase. Under the final rule:
- The penalty for each willful violation of the Family and Medical Leave Act (FMLA) posting requirement increases to $163 for each separate offense.
- Employers who violate the Occupational Safety and Health Act (OSHA) posting requirement face a maximum penalty of $12,471.
- The penalty for any violation of the Employee Polygraph Protection Act (EPPA) of 1988 increases to $19,787.
Other OSHA penalties addressed by the final rule include:
- Serious violation, which increases to a maximum of $12,471
- Other-than-serious violation, which increases to a maximum of $12,471
- Willful or repeated violation, which increases to a maximum of $124,709
These new penalties take effect August 1.