On Jan. 23, 2019, the Department of Labor (DOL) increased the civil penalty amounts that may be imposed on employers under the following federal laws:
- The Fair Labor Standards Act (FLSA);
- The Employee Retirement Income Security Act (ERISA);
- The Family and Medical Leave Act (FMLA); and
- The Occupational Safety and Health Act (OSH Act).
To maintain their deterrent effect, the DOL is required to adjust these penalties for inflation, no later than Jan. 15 of each year. The DOL’s civil penalty adjustments for 2019 were delayed due to the federal government shutdown.
These increased amounts apply to civil penalties that are assessed after Jan. 23, 2019.
Below is a chart of the penalty amounts. You should become familiar with the new penalties and review your plans to ensure compliance with federal laws. You can also download the Compliance Bulletin.