DOL Announces Annual Adjustments for FLSA, FMLA Violations

The U.S. Department of Labor (DOL) released inflation adjustments to the civil penalties for violations of certain laws, including the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) [85 F.R. 2292, 1-15-20]. The new amounts apply only to civil penalties assessed after January 15, 2020, whose associated violations occurred after November 2, 2015.

Here are some of the inflation adjustments for 2020:

• FLSA minimum wage and overtime penalties. The penalty for willful violations of the minimum wage and overtime provisions increases from $2,014 to $2,050.
• FLSA child labor penalties:
  •  Child labor violation penalties increase from $12,845 to $13,072.
  • Penalties for child labor violations resulting in serious injury or death increase from $58,383 to $59,413.
  • Penalties for child labor violations that are willful and result in serious injury or death increase from $116,766 to $118,826.
• FMLA. The penalty for willfully failing to comply with the FMLA notice requirements increases from $173 to $176.
• Contract Work Hours and Safety Standards Act. The daily liquidated damages fine remains at $27.

To learn more about federal and state laws, regulations, and information to keep your company's payroll operations in compliance, check out Payroll Source Plus!

Jyme Mariani, Esq., is Managing Editor of Payroll Currently and Payroll Information Resources for the APA.