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Posting penalty increase announced

Maximum fine could top $34,400

Posted January 21, 2019

The maximum posting penalty will increase to more than $34,400 under adjustments announced by the Department of Labor (DOL) on January 15.

Federal regulations require the DOL to adjust its penalties for inflation each year. Because of the government shutdown, the new penalties won’t take effect immediately. They are included in a final rule that must be published in the Federal Register before the penalties take effect, and a lapse in funding is delaying publication.

The department made the pre-published version of the Department of Labor Final Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019 Final Rule available, noting that the rule is subject to review and revision by the Office of the Federal Register.

The higher fines will apply to penalties assessed after the rule takes effect.

The Equal Employment Opportunity Commission is also expected to announce a fine increase for the Equal Employment Opportunity (EEO) is the Law posting, but the commission has not yet announced the new penalty level.

Here are the increases that have been announced so far:

Posting Penalty Summary
Posting Name 2018 fine 2019 fine
Family and Medical Leave Act $169 $173
Job Safety and Health: It’s the Law $12,934 $13,260
Employee Polygraph Protection Act $20,521 $21,039
EEO is the Law $545 TBD
Total $34,169 $34,472

This article was written by Terri Dougherty, SHRM-CP, PHR, of J. J. Keller & Associates, Inc.

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