Toll Free: 877.880.

4477
Phone: 281.880.6525

DOL: Civil
Penalty
Increases for
Willful FLSA
and FMLA
Violations

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The U.S. Department of Labor (DOL) issued a final rule that revises civil
penalties for many violations of federal labor laws, including certain violations
of the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act
(FMLA).

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 Inflation-Adjusted Changes
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015
directed federal agencies to adjust civil penalties for inflation each year. As a
result, the Department of Labor has made inflation adjustments to the
following penalties:
Minimum wage and overtime. The civil penalty for repeated or willful
violation of the minimum wage and overtime provisions in the FLSA has
increased from $1,894 to $1,925 per violation.

Child labor. The civil penalty for related violations has increased from
$12,080 to $12,278.

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 FMLA. The civil penalty for willful violation of the requirement that
employers post and keep on their premises a notice about the FMLA and
the procedures that employees may use to file complaints has increased
from $163 to $166.

Other penalties. Certain penalties have also increased in the Employee

Retirement Income Security Act (ERISA), the Occupational Safety and
Health Act, the Migrant and Seasonal Agricultural Worker Protection Act,
the Immigration & Nationality Act, the Contract Work Hours and Safety
Standards Act, and the Walsh-Healey Public Contracts Act.

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 Effective Date
The new penalty amounts will be imposed beginning with penalties assessed after
January 13, 2017, for associated violations which occurred after November 2, 2015.

If you have questions about the FLSA, the FMLA or other employment laws, consult
with your payroll advisor or attorney.

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14550 Torrey Chase Blvd., Ste. 360 Houston, TX 77014 USA
Toll Free : 877.880.4477
Phone : 281.880.6525
Fax : 281.866.9426

E-mail : info@hrp.net

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