Department of Labor raises posting penalties

Fines are adjusted each year for inflation

Posted January 20, 2020

The Department of Labor (DOL) has announced its annual posting penalty increase, and potential fines will go up by more than $600.

The department outlined the increases in a rule published in the federal register on January 15. They apply to penalties assessed after January 15, 2020.

The new maximum fine amounts are:

  • Family and Medical Leave Act (FMLA): $176
  • Job Safety and Health: It’s the Law (OSHA): $13,494
  • Employee Polygraph Protection Act (EPPA): $21,410

While in reality a fine for failure to display a poster is rare, the penalties are part of the law. A fine would likely only be levied in situations where an employer willfully violated the law.

However, the fact that the DOL is meticulous in adjusting the maximum penalties each year shows that the agency takes posting compliance seriously.

Employers can stay in compliance by conspicuously displaying up-to-date employment law posters in areas where employees are likely to view them.

One more increase on the way

The Equal Employment Opportunity Commission will also be increasing the potential penalty for posting violations related to the Equal Employment Opportunity is the Law posting. The agency should be releasing its penalty increase within the next few weeks.

Compliance guarantee

The FMLA, EPPA, Job Safety and Health, and Equal Employment Opportunity is the Law postings are included on the all-in-one posters from J. J. Keller and Associates, Inc. If a mandatory posting change occurs, Update Service subscribers receive a new poster.

Posting Penalty Summary

Posting Name 

2019 fine

2020 fine

Family and Medical Leave Act        

$173

$176

Job Safety and Health: It’s the Law

$13,260

$13,494

Employee Polygraph Protection Act

$21,039

$21,410

EEO is the Law

$559

$559 (increase pending)

Total

$35,031

$35,639