Posting penalties increase again

January 13, 2025

The Department of Labor (DOL) has raised posting penalties again, increasing the maximum fine for noncompliance to more than $43,000.

In a rule published in the Federal Register on January 10, the department announced the following fine increases for failure to properly display the Family and Medical Leave Act (FMLA), Occupational Safety and Health Act (OSHA), and Employee Polygraph Protection Act postings:

Maximum Federal Posting Penalties

Posting2024 fine2025 fine
Family and Medical Leave Act$211 for each separate offense$216 for each separate offense
Occupational Safety and Health Act$16,131 for each separate offense$16,550 for each separate offense
Employee Polygraph Protection Act$25,597 for any violation of the law (including a posting violation)$26,262 for any violation of the law (including a posting violation)
Know Your Rights: Workplace Discrimination is Illegal$680 for each separate offenseAt least $680 for each separate offense; increase TBD
Total maximum penalty$42,619$43,708

An increase in the fine for failure to display the Know Your Rights: Workplace Discrimination is Illegal posting is expected to be announced soon by the Equal Employment Opportunity Commission (EEOC).

The DOL’s penalty increases are in effect as of January 15, 2025.

Annual adjustments required

Since 2015, the DOL and other federal agencies have been required to increase penalties each year under the Inflation Adjustment Act. The penalties are adjusted according to a formula based on cost-of-living increases.

The fact that the DOL raises the penalties each year shows that it takes posting compliance seriously, and expects employers to display all required labor law postings. Posting fines would most likely be assessed for willful disregard of the law or in connection with other penalties.

Posting requirements

Each posting is required under a different law, and a specific posting must be displayed when an employer is covered by that law. The Employee Polygraph Protection Act and OSHA postings must generally be displayed by all employers.

The FMLA posting must be displayed by employers with 50 or more employees, and the Know Your Rights posting is required to be displayed by employers with 15 or more employees.

Key to remember: The maximum fine for failure to properly display federal labor law posters has gone up again, to more than $43,000. Employers should make sure they are properly displaying all required labor law postings.


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Publish Date

January 13, 2025

Author

Terri Dougherty

Type

Industry News

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