The U.S. Department of Labor (DOL) issued a final rule that revises civil penalties for many violations of federal labor laws, including certain violations of the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA).
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 directed federal agencies to adjust civil penalties for inflation each year. As a result, the Department of Labor has made inflation adjustments to the following penalties:
- Minimum wage and overtime. The civil penalty for repeated or willful violation of the minimum wage and overtime provisions in the FLSA has increased from $1,925 to $1,964 per violation.
- Child labor. The civil penalty for related violations has increased from $12,278 to $12,529.
- FMLA. The civil penalty for willful violation of the requirement that employers post and keep on their premises a notice about the FMLA and the procedures that employees may use to file complaints has increased from $166 to $169.
- Other penalties. Certain penalties have also increased in the Employee Retirement Income Security Act (ERISA), the Occupational Safety and Health Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Immigration & Nationality Act, the Contract Work Hours and Safety Standards Act, and the Walsh-Healey Public Contracts Act.
The new penalty amounts will be imposed beginning with penalties assessed after January 2, 2018.
If you have questions about the FLSA, the FMLA or other employment laws, consult with your human resources advisor or attorney.