DOL increases posting penalties

The maximum federal posting penalty will top $42,000 under adjustments for inflation made by the Department of Labor (DOL).

The DOL adjusts fines each year under the Federal Civil Penalties Inflation Adjustment Act. The penalties for 2024 went up by about 3.2 percent and are:

• Family and Medical Leave Act: $211 for each separate offense
• Occupational Safety and Health Act: $16,131 for each violation
• Employee Polygraph Protection Act: $25,597 for any violation of the law (including a posting violation)

The higher fines apply to penalties assessed after January 15, 2024.

One more update on the way

The Equal Employment Opportunity Commission will also be increasing the fine for failure to display the Know Your Rights: Workplace Discrimination is Illegal posting, which lists employee rights under federal anti-discrimination laws. That fine is currently $659 and is expected to increase to about $680 when the agency’s fine increases are announced.

When all the potential maximum posting fines are added up, this brings the total maximum posting fine to an estimated $42,619.

Staying in compliance

While posting fines are typically only levied if an employer willfully and repeatedly violates the law, the fact that the DOL adjusts them each year shows that the agency takes posting compliance seriously.

Businesses can stay in compliance and reduce their risk of fines by making a good faith effort to properly display employment law posters. This includes:

• Displaying all required federal, state, and local posters.
• Placing posters in a conspicuous area where employees and applicants can view them.
• Making sure posters are readable and not defaced.
• Keeping posters up to date.

Key to remember: Employers must comply with federal posting requirements or risk paying a fine.