LABOR RELATIONS

Department of Labor Announces New Penalties for OSHA Violations  – Notice

January 5, 2018

On Jan. 2, 2018, the United States Department of Labor (“DOL”) published new inflation-adjusted penalty amounts for Occupational Safety and Health Administration (“OSHA”), Fair Labor Standards Act (“FLSA”), and Family And Medical Leave Act (“FMLA”) violations. The increases are pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 which requires certain divisions of the DOL to annually increase monetary civil fines to meet inflation.  The tables below outline new relevant penalty amounts. 

OSHA 

Type of Violation 2017 Penalty Amount 2018 Penalty Amount
Other than serious violations

Serious violations

Posting requirement violations

$12,675 per violation $12,934 per violation
Failure to abate $12,675 per day beyond the abatement date $12,934 per day beyond the abatement date
Willful or repeated violations $126,749 per violation $129,336 per violation

2018 penalty rates are applicable to OSHA violations occurring after Jan. 12, 2018. States that operate their own OSHA Plans are required to adopt maximum penalty levels that are at least as high as Federal OSHA’s.

FLSA 

 Type of Violation 2017 Penalty Amount 2018 Penalty Amount
Violation of child labor standards $12,278 per violation $12,529 per violation
Violation of child labor standards that causes the serious injury or death of a minor $55,808 per violation $56,947 per violation
Willful or repeated violation of child labor standards that causes the serious injury or death of a minor $111,616 per violation $113,894 per violation
Willful or repeated violation of Minimum Wage and Overtime $1,925 per violation $1,964 per violation

FMLA

Type of Violation 2017 Penalty Amount 2018 Penalty Amount
Willful violation of posting requirement $166 per violation $169 per violation

The full list of penalty increases can be accessed here.

If you have any questions, please email LaborRelations-Questions@castandcrew.com

SOLUTIONS

The information contained on this page has been abridged from laws, court decisions, news articles and administrative rulings. The preceding information should not be construed or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your labor relations representative