DOL Adjusts Civil Money Penalties for Inflation

On January 14th, 2022, the U.S. Department of Labor (DOL) made annual adjustments to civil money penalties for 2022. In brief, these penalties are assessed or enforced by the DOL and are pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The final rule was effective January 15th, 2022. Earlier, on December 30th, 2021, the DOL announced an enforcement policy regarding group health plan disclosure requirements.

Background of the Inflation Adjustment Act

The Inflation Adjustment Act made civil money penalties (CMPs) more effective by ensuring they remain a deterrent over time. Indeed, outdated penalties lose effectiveness over time and require regular adjustments to keep pace with the cost of living. With this intention, the Inflation Adjustment Act amended the original Federal Civil Penalties Inflation Adjustment Act of 1990. Specifically, the Inflation Adjustment Act allows yearly evaluation of CMPs. Additionally, it grants the DOL the authority to impose those penalties. Furthermore, the Inflation Adjustment Act provides a cost-of-living formula for the annual adjustments to CMPs. These adjustments are effective January 15 of each year and apply to penalties assessed after that date.

2022 Adjustments for Civil Money Penalties

The DOL’s final rule for the 2022 adjustments to civil money penalties was published in the federal register on January 14. Accordingly, the final rule went into effect on January 15. Specifically, the 2022 adjustments affect penalties for violations in regards to the:

• Employee Polygraph Protection Act (EPPA),
• Fair Labor Standards Act (FLSA),
• Family & Medical Leave Act (FMLA),
• Immigration & Nationality Act (INA),
• Migrant and Seasonal Agricultural Worker Protection Act (MSPA),
• Occupational Safety and Health Act (OSH Act),
• United States-Mexico-Canada Agreement (USMCA),
• Walsh-Healey Public Contracts Act (PCA), and
• Other contracted work.

Forthwith, the adjustments cover several penalties for violations of labor laws that apply to a wide range of employers. In particular, the following violations and subsequent adjustments to civil money penalties may be of interest:

• Penalties for violations to EPPA have increased from $21,663 to $23,011.
• Violations of child labor standards under the FLSA increased from $13,277 to $14,050.
• Willful violations of FMLA posting requirements carry a penalty of $189, up from $178.
• Meanwhile, penalties for the violation of OSH Act posting requirements increased from $13,653 to $14,502.

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