DOL Increase Civil Penalty Amounts for 2021

The Department of Labor (DOL) has released its 2021 inflation-adjusted
civil monetary penalties that may be assessed on employers for violations
of a wide range of federal laws, including:
 
  • The Fair Labor Standards Act (FLSA);
  • The Employee Retirement Income Security Act (ERISA);
  • The Family and Medical Leave Act (FMLA); and
  • The Occupational Safety and Health Act (OSH Act).
 
To maintain their deterrent effect, the DOL is required to adjust these
penalties for inflation, no later than Jan. 15 of each year. Key penalty
increases include the following:
 
  • The maximum penalty for violations of federal minimum wage or
    overtime requirements increases from $2,050 to $2,074 per
    violation.
  • The maximum penalty for failing to file a Form 5500 for an
    employee benefit plan increases from $2,233 to $2,259 per day.
  • The maximum penalty for violations of the poster requirement
    under the FMLA increases from $176 to $178 per offense.
 

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