Department of Labor raises labor law posting penalties

Annual inflation adjustment released

Posted January 22, 2021

Maximum labor law posting fines are going up by more than $400 under increases announced by the Department of Labor.
The new maximum fine amounts are:

  • Family and Medical Leave Act (FMLA): $178
  • Job Safety and Health: It’s the Law (OSHA): $13,653
  • Employee Polygraph Protection Act (EPPA): $21,663

The department outlined the increases in a rule published in the federal register on January 14, 2021. They apply to penalties assessed after January 15, 2021.

Serious about compliance

The increases underscore importance of properly displaying labor law posters. While a fine for failure to display a poster is rare, and would likely only be levied in situations where an employer willfully violated the law, 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 labor 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 

2020 fine

2021 fine

Family and Medical Leave Act        

$176

$178

Job Safety and Health: It’s the Law

$13,494

$13,653

Employee Polygraph Protection Act

$21,410

$21,663

EEO is the Law

$569

(increase pending)

Total

$35,649

TBD

This article was written by Terri Dougherty of J. J. Keller & Associates, Inc.

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