January 8, 2018
Hello Leaders!

The Department of Labor increased penalties for labor law violations for 2018. Please read the featured article below for more information. My goal is to keep you informed, help you avoid costly HR mistakes, and facilitate compliance maintenance.

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Featured Article:


Increases Apply to Civil Monetary Penalties Assessed After January 2, 2018

The U.S. Department of Labor (DOL) has published a final rule adjusting for inflation the civil monetary penalties assessed for violations of a number of federal labor laws. The rule increases penalties for employers that do not comply with certain requirements under the federal Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Employee Retirement Income Security Act (ERISA), and the Occupational Safety and Health Act (OSH Act), among other laws. The increases generally apply to civil penalties assessed after January 2, 2018, whose associated violations occurred after November 2, 2015.

Key Penalty Increases
Penalty increases that may be of particular interest to employers include: 

  • OSH Act Posting. Violations of the OSH Act's posting requirement are subject to a maximum penalty of $12,934 for each violation (formerly $12,675);
  • Form 5500. Failure or refusal to file an annual report (Form 5500) with the DOL is subject to a penalty of up to $2,140 per day (formerly $2,097);
  • SBCs. Failure to provide a Summary of Benefits and Coverage (SBC) is subject to a penalty of up to $1,128 per failure (formerly $1,105);
  • FLSA Requirements. Repeated or willful violations of the FLSA's minimum wage or overtime pay requirements are subject to a penalty of up to $1,964 per violation (formerly $1,925);
  • FMLA Posting. Willful violations of the FMLA's posting requirement are subject to...
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