DOL posting penalties go up by more than $600

Increase for EEO is the Law penalty also expected

Posted January 3, 2018

Maximum posting penalties overseen by the Department of Labor (DOL) will increase by $672 in 2018.

The DOL announced the penalty increase in a final rule published in the January 2 Federal Register. The higher fines apply to penalties assessed after January 2, 2018.

The penalty increases impact three posting regulations enforced by the DOL:

Posting Name 2017 fine 2018 fine
Family and Medical Leave Act $166 $169
Job Safety and Health: It’s the Law $12,675 $12,934
Employee Polygraph Protection Act $20,111 $20,521

The increases are the result of an adjustment for inflation, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The law requires federal agencies to adjust penalties for inflation each year by January 15.

The penalty for not posting the Equal Employment Opportunity is the Law poster is also expected to increase. The Equal Employment Opportunity Commission (EEOC) has not yet published its updated penalty amount.

State OSHA plans

Some states have their own OSHA plans and can set their own posting penalty for Job Safety and Health posting. These states are required to increase their penalties for private-sector employers in alignment with OSHA’s penalty increases to maintain at least as effective penalty levels.

States with their own safety and health plans include: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. Puerto Rico also has its own OSHA plan.

State plans are not required to impose monetary penalties on state and local government employers.

Written by Terri Dougherty of J. J. Keller & Associates, Inc.


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