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EEOC announces posting penalty increase

Maximum federal posting fine tops $35,000

Posted March 26, 2019

The maximum fine for improperly posting the Equal Employment Opportunity is the Law poster will increase to $559 under a final rule published in the Federal Register on March 21.

When this fine is added to maximum posting penalties that could be levied by the Department of Labor, the total potential federal posting fine increases to $35,031.

Federal regulations require agencies to adjust penalties for inflation each year under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

The Department of Labor announced its posting penalty increases earlier this year, and they took effect on January 23. The DOL’s penalties impact fines associated with the Family and Medical Leave Act (FMLA), Job Safety and Health: It’s the Law, and Employee Polygraph Protection Act (EPPA) posters.

The new fine level for the “EEO is the Law” poster will take effect on April 22, according to the final rule published by the Equal Employment Opportunity Commission (EEOC).

The increases are as follows:

Maximum Posting Penalty Summary
Posting Name 2018 fine 2019 fine
Family and Medical Leave Act (FMLA) $169 $173
Job Safety and Health: It’s the Law $12,934 $13,260
Employee Polygraph Protection Act (EPPA) $20,521 $21,039
EEO is the Law $545 $559
Total $34,169 $35,031

Employers with at least one employee must post the Job Safety and Health and EPPA posters. The “EEO is the Law” poster must be posted by employers with 15 or more employees, and the FMLA poster is required for employers with 50 or more employees.

The posters must be placed in a conspicuous location, so they are readily visible to employees.

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

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