The DOL’s Annual Penalty Increase – the 2023 Edition.

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The Department of Labor has announced its annual penalty increases. Due to the passage of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, federal agencies must issue regulations annually to adjust for inflation the maximum civil penalties that they can impose.

The DOL’s announced increases, effective January 15, 2023, include the following:

  • Fair Labor Standards Act. For repeated or willful violations of the FLSA’s minimum wage or overtime requirements, the maximum monetary penalty will increase from $2,203 to $2,374. Penalties for violation of the FLSA’s child labor restrictions will increase from a maximum of $14,050 per under-18 worker to $15,138, while violations resulting in the child’s death will increase from a maximum of $63,855 to $68,801, which may be doubled for repeated or willful violations.
  • Occupational Safety and Health Act. The maximum penalty for posting, other-than-serious, serious, and daily failure-to-abate violations increases from $14,502 to $15,625. The minimum penalty for willful violations increases from $10,360 to $11,162, while the maximum penalty increases from $145,027 to $156,239. The penalty for repeated violations also increases from $145,027 to $156,239.
  • Family and Medical Leave Act. The penalty for failing to comply with the posting requirement increases from $189 to $204.