Posting fines increase January 15

Employers that fail to comply with labor law posting requirements face higher fines as the Department of Labor (DOL) is increasing posting penalties.

The department has adjusted the fines to keep up with inflation and published the higher penalties in the Federal Register on January 13.

The new maximum penalties for posting violations are as follows:

• Occupational Safety and Health Act: $15,625 for each violation
• Family and Medical Leave Act: $204 for each separate offense
• Employee Polygraph Protection Act: $24,793

The higher fines apply to penalties assessed after January 15, 2023.

Annual adjustment

The DOL adjusts the maximum fines for inflation each year, as required by the Federal Civil Penalties Adjustment Act Improvements Act of 2015.

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

Staying in compliance

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.

Another update on the way

Employers can also be fined for failing to display the “Know Your Rights: Workplace Discrimination is Illegal” poster from the Equal Employment Opportunity Commission.

The maximum fine for failure to display that poster is currently $612. The agency adjusts this fine annually for inflation and typically announces the updated penalty amount in February.

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