On Jan. 13, 2023, the Department of Labor (DOL) issued a final rule via the Federal Register 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 directs federal agencies to adjust civil penalties for inflation each year.
The Details:
The DOL has made inflation adjustments to the following penalties assessed as of Jan. 15, 2023.
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 $2,203 to $2,374 per violation.
Child labor. The civil penalty for violations of the child labor provisions of United States Code as outlined in Title 29 Sections 212 or 213(c) has increased from $14,050 to $15,138.
FMLA. The civil penalty for willful violations 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 $189 to $204.
Other penalties have also increased in relation to the Employee Retirement Income Security Act (ERISA), the Occupational Safety and Health Act (OSHA), 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 and are outlined in the Federal Register.
For a copy of Jan. 13, 2023 Federal Register please click on the link provided below.
https://public-inspection.federalregister.gov/2023-00271.pdf
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