Department of Labor Increases Monetary Penalties for FLSA, FMLA and OSHA Violations

By Kelsey Basten

Published on February 19, 2019

As of Jan. 23, 2019, the U.S. Department of Labor (DOL) increased the monetary penalties for violating federal minimum wage, overtime, posting and safety requirements under the FLSA, FMLA and OSHA law requirements.

Fair Labor Standards Act (FLSA)

The DOL has established that employers who repeatedly or willfully violate federal minimum wage or overtime requirements under the FLSA will receive a maximum monetary penalty of $2,014, an increase from $1,964. These penalties will be assessed on a per-employee basis.

Family and Medical Leave Act (FMLA)

Next, the DOL established that if an employer covered by the FMLA fails to post the accompanying labor law posting, the employer may receive a maximum monetary penalty of $173, an increase from the previous maximum of $169.

Occupational Safety and Health Act (OSHA)

The new maximum penalty for serious, other-than-serious, and posting violations under OSHA regulations is $13,260, increased from $12,934. Also, the DOL increased the maximum penalty for failure to halt violations of OSHA requirements from $12,934 to $13,260.

The minimum penalty for willful violations of OSHA will increase from $9,239 to $9,472, and the maximum will increase from $129,336 to $132,589.

Last, the maximum penalty for repeated violations increased from $129,336 to $132,598.

This Labor Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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