FSLA, OSHA, and FMLA Violations subject to increased DOL Penalties

As of January 23, 2019, the U.S. Department of Labor (DOL) increased penalties for violating federal minimum wage, overtime, posting, and safety requirements under the Federal Civil Penalties Inflation Adjustment Act of 2015, which mandates annual adjustments to account for inflation.

Covered Federal Agencies and Regulations

• Employee Polygraph Protection Act (EPPA)

  Applies to most private employers and prohibits the use of lie detector tests for pre-employment screening or during employment.

• Fair Labor Standards Act (FLSA)

  Establishes minimum wage, overtime pay, recordkeeping, and child labor standards for full- and part-time employees in the private sector, as well as federal, state, and local governments. Common violations include misclassifying workers as exempt when they are non-exempt based on job duties.

• Family and Medical Leave Act (FMLA)

  Allows eligible employees of covered employers (50 or more employees within a 75-mile radius) to take unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance under the same terms.

• Occupational Safety and Health Act (OSH Act)

  Enforced by OSHA, this law requires compliance with standards to provide a workplace free from recognized hazards.

Increased Penalties

• FLSA
  • Repeated or willful violations of minimum wage or overtime requirements: maximum penalty increased from $1,964 to $2,014.
  • Violations of child labor restrictions: maximum penalty increased to $12,845 per under-18-year-old employee.
• FMLA

  Failure to post required notices: penalty increased from $169 to $173.

• OSHA
  • Serious, other-than-serious, and posting violations: maximum penalty increased from $12,934 to $13,260 per violation.
  • Failure to abate violations: penalty increased from $12,934 to $13,260 per day.
  • Willful violations: minimum penalty increased from $9,239 to $9,472; maximum penalty increased from $129,336 to $132,598.
  • Repeat violations: maximum penalty increased from $129,336 to $132,598.