The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires the Department to annually adjust its civil monetary penalty levels for inflation no later than Jan. 15 of each year. Adjustments are made by issuing a final rule that is effective on its date of publication in the Federal Register.
Due to a lapse in appropriations funding for certain government agencies, including the Office of the Federal Register, publication of the Department of Labor Final Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019 Final Rule has been delayed. The Department of Labor is making the prepublished version of the Final Rule available on its website for informational purposes only until the official version is published in the Federal Register. The unofficial version of the Final Rule is subject to review and revision by the Office of the Federal Register. The Final Rule will not go into effect until it is published in the Federal Register. The effective date will be the date of publication, and the increased penalty levels will apply to any penalties assessed after the effective date of the increase. After publication, the Final Rule can be accessed through the Federal Register website. To the extent that there are discrepancies between this unofficial version and the official version published in the Federal Register, the latter version controls.
Below are the adjusted maximum penalty amounts that will take effect in 2019 upon publication in the Federal Register.
|Type of Violation||Penalty|
|$13,260 per violation|
Failure to Abate
|$13,260 per day beyond the abatement date|
Willful or Repeated
|$132,598 per violation|