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DOL Adjusts Labor Law Penalties for 2017

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The U.S. Department of Labor (DOL) has published a final rule adjusting for inflation the civil monetary penalties assessed for violations of a number of federal labor laws. The increases generally apply to civil penalties assessed after January 13, 2017, whose associated violations occurred after November 2, 2015.

Key Penalty Increases
Penalty increases that may be of particular interest to employers include:

  • FLSA Requirements. Repeated or willful violations of the FLSA’s minimum wage or overtime pay requirements are subject to a penalty of up to $1,925 per violation (formerly $1,894);
  • FMLA Posting. Willful violations of the FMLA’s posting requirement are subject to a penalty not to exceed $166 for each separate offense (formerly $163) (note: covered employers must post this general notice even if no employees are eligible for FMLA leave);
  • Employer CHIP Notice. Failure to provide employees with an Employer Children’s Health Insurance Program (CHIP) Notice is subject to a penalty of up to $112 per day per violation (formerly $110);
  • SBCs. Failure to provide a Summary of Benefits and Coverage (SBC) is subject to a penalty of up to $1,105 per failure (formerly $1,087);
  • Form 5500. Failure or refusal to file an annual report (Form 5500) with the DOL is subject to a penalty of up to $2,097 per day (formerly $2,063); and
  • OSH Act Posting. Violations of the OSH Act’s posting requirement are subject to a maximum penalty of $12,675 for each violation (formerly $12,471).

Review our Compliance by Company Size chart for a summary of key federal labor laws that may apply to your company.

In his career, Gregg has developed specialized expertise in “consumer-driven” and high deductible health plans with HSA and HRA strategies, and sold the first HSA plans issued in Virginia through Assurant Health. He is an expert in analyzing plan design data and has served as account executive for national accounts such as Coca-Cola Enterprises and Tenet HealthCare. Gregg utilizes a strategic approach to establish goals based on each client’s unique culture and competitive environment, and measuring results against jointly established criteria. Gregg Kennerly is a Principal at Advanced Benefit Strategies of Virginia, LLC.
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