The Department of Labor (DOL) announced increased civil monetary penalties for 2019, including increases for violations of:

• Employee Retirement Income Security Act (ERISA)
• Occupational Safety and Health Act (OSHA)
• Family and Medical Leave Act (FMLA)
• Fair Labor Standards Act (FLSA)
• Migrant and Seasonal Agricultural Worker Protection Act
• Immigration & Nationality Act
• Contract Work Hours and Safety Standards Act
• Walsh-Healey Public Contracts Act
• Employee Polygraph Protection Act
• Longshore and Harbor Workers’ Compensation Act

The Federal Civil Penalties Inflation Adjustment Act requires the DOL to annually adjust its civil monetary penalty levels for inflation no later than January 15 of each year by issuing a final rule that is effective on the date it is published in the Federal Register.  The Office of the Federal Register, however, was closed due to the partial government shutdown, resulting in a delay.

The Final Rule adjusting the penalty levels was published on January 23, 2019, and can be viewed here.  It includes an appendix with a chart summarizing the increases.  The increased penalty levels will apply to any penalties assessed after the effective date of January 23, 2019.