Labor law poster penalties going up

Posted January 19, 2022

Labor law poster penalties are going up under a final rule published January 14, 2022, by the Department of Labor (DOL).

The new maximum penalties for violating the following posting requirements are:

• $189 — Family and Medical Leave Act (FMLA)
• $14,502 — Job Safety and Health: It’s the Law (OSHA)
• $23,011 — Employee Polygraph Protection Act (EPPA)

They apply to penalties assessed after January 15, 2022.

Annual change

The agency is required to adjust the maximum posting fines for inflation each year under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

EEOC increase expected

The Equal Employment Opportunity Commission (EEOC) also adjusts a posting fine each year. The Agency will be announcing a penalty increase relating to failure to display the Equal Employment Opportunity is the Law posting.

Serious about posting

While an employer would likely only face posting fines for repeatedly violating the law, the fact that federal agencies adjust them each year shows that they take posting compliance seriously.

Additional risks for neglecting labor law posters

An employer who fails to properly display required labor law posters can face an increased risk of being sued by an employee.

When posters aren’t in a visible and conspicuous location, employees don’t get to see important information. They may have additional time to file a lawsuit if they believe their rights have been violated.

Staying in compliance

To comply with labor law posting requirements, businesses need to conspicuously display up-to-date labor law posters in areas where employees are likely to view them.

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