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Wage and Hour Division (WHD)

Civil Money Penalty Inflation Adjustments

On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 to advance the effectiveness of civil money penalties and to strengthen their deterrent effect. Outdated penalties are a problem because civil penalties are less effective when they do not keep pace with the cost of living. Penalties help deter violations of the important laws that the Wage and Hour Division (WHD) enforces, which result in safer, more productive workplaces. The law requires agencies across the federal government to adjust their penalties for inflation not later than January 15 of every year. The Department's 2017 CMP amounts were published in the January 18, 2017 Federal Register. Below is a table that reflects the 2017 civil money penalty amounts. For more information on the adjustment law and rules, please go here.


Contract Work Hours and Safety Standards Act (CWHSSA)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
(1) Failure to pay laborers and mechanics at a rate not less than one and one-half times their basic rate of pay 40 USC 3702(c) 29 CFR 5.5(b)(2) and 29 CFR 5.8(a) $25 $25


Employee Polygraph Protection Act (EPPA)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
(1) Requiring, requesting, suggesting or causing an employee or prospective employee to take a lie detector test or using, accepting, referring to or inquiring about the results of any lie detector test of any employee or prospective employee, other than as provided in the Act or part 801;

(2) Taking an adverse action or discriminating in any manner against any employee or prospective employee on the basis of the employee's or prospective employee's refusal to take a lie detector test, other than as provided in the Act or part 801;

(3) Discriminating or retaliating against an employee or prospective employee for the exercise of any rights under the Act;

(4) Disclosing information obtained during a polygraph test, except as authorized by the Act or part 801;

(5) Failing to maintain the records required by the Act or part 801;

(6) Resisting, opposing, impeding, intimidating, or interfering with an official of the DOL during the performance of an investigation, inspection, or other law enforcement function under the Act or part 801;

(7) Violating any other provision of the Act or part 801.
29 USC 2005(a) 29 CFR 801.42(a) $19,787 $20,111


Fair Labor Standards Act (FLSA)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
Homeworker:

Violation of recordkeeping, monetary, certificate or other statutes, regulations or employer assurances.
29 USC 211(d) 29 CFR 530.302 $989 $1,005
Child labor:

(1) Violation of child labor standards (sec 212 or 213(c));
29 USC 216(e)(1)(A)(i) 29 CFR 570.140(b)(1) and 29 CFR 579.1(a)(1)(i)(A) $12,080 $12,278
(2) Violation of child labor standards (sec 212 or 213(c)) that causes the serious injury or death of a minor; 29 USC 216(e)(1)(A)(ii) 29 CFR 570.140(b)(2) and 29 CFR 579.1(a)(1)(i)(B) $54,910 $55,808
(3) Willful or repeated violation of child labor standards (sec 212 or 213(c)) that causes the serious injury or death of a minor. 29 USC 216(e)(1)(A)(ii) $109,820 $111,616
Minimum Wage and Overtime:

(1) Repeated or willful violation of section 206 or 207.
29 USC 216(e)(2) 29 CFR 578.3(a) and 29 CFR 579.1(a)(2) $1,894 $1,925


Family & Medical Leave Act (FMLA)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
(1) Willful violation of posting requirement. 29 USC 2619(b) 29 CFR 825.300(a) $163 $166


Immigration & Nationality Act (D-1)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
(1) Violation of the attestation or 20 CFR 655 subparts F or G related to utlilizing alien crew for longshore activities in US ports. 8 USC 1288(c)(4)(E)(i) 20 CFR 655.620(a) $8,908 $9,054


Immigration & Nationality Act (H-1B)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
(1) A violation pertaining to strike/lockout or displacement of US workers;

(2) A substantial violation pertaining to notification, labor condition application specificity, or recruitment of US workers;

(3) A misrepresentation of material fact on the labor condition application;

(4) An early-termination penalty paid by the employee;

(5) Payment by the employee of the additional filing fee;

(6)Violation of the requirements in 20 CFR 655 subparts H and I or the provisions regarding public access where the violation impedes the ability of the Administrator to determine whether a violation of sections 212(n) or (t) of the INA has occurred or the ability of members of the public to have information needed to file a complaint or information regarding alleged violations of sections 212(n) or (t) of the INA
8 USC 1182(n)(2)(c)(i) 20 CFR 655.810(b)(1) $1,782 $1,811
(1) A willful failure pertaining to wages/working conditions, strike/lockout, notification, labor condition application specificity, displacement (including placement of an H-1B nonimmigrant at a worksite where the other/secondary employer displaces a US worker), or recruitment;

(2) A willful misrepresentation of a material fact on the labor condition application; or

(3) Discrimination against an employee;
8 USC 1182(n)(2)(c)(ii) 20 CFR 655.801(b) and 20 CFR 655.810(b)(2) $7,251 $7,370
(1) A willful violation resulting in displacement of a US worker employed by the employer in the period beginning 90 days before and ending 90 days after the filing of an H-1B petition in conjunction with:

(i) A willful violation of the provisions pertaining to wages/working condition, strike/lockout, notification, labor condition application specificity, displacement, or recruitment; or

(ii) A willful misrepresentation of a material fact on the labor condition application
8 USC 1182(n)(2)(c)(iii) 20 CFR 655.810(b)(3) $50,758 $51,588


Immigration & Nationality Act (H-2A)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
(1) Violation of the work contract or a requirement of 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501; 8 USC 1188(g)(2) 29 CFR 501.19(c) $1,631 $1,658
(i) Willful violation of the work contract or a requirement of 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501, or for each act of discrimination prohibited by section 501.4; 8 USC 1188(g)(2) 29 CFR 501.19(c)(1) $5,491 $5,581
(ii) Violation of a housing or transportation safety and health provision of the work contract, or any obligation under 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501, that proximately causes the death or serious injury of any worker; 8 USC 1188(g)(2) 29 CFR 501.19(c)(2) $54,373 $55,263
(iii) Repeat or willful violation of a housing or transportation safety and health provision of the work contract, or any obligation under 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501, that proximately causes the death or serious injury of any worker; 8 USC 1188(g)(2) 29 CFR 501.19(c)(4) $108,745 $110,524
(1) Violation for failure to cooperate in an investigation; 8 USC 1188(g)(2) 29 CFR 501.19(d) $5,491 $5,581
(1) Violation for laying off or displacing any US worker employed in work or activities that are encompassed by the approved Application for Temporary Employment Certification for H-2A workers in the area of intended employment either within 60 days preceding the date of need or during the validity period of the job order, including any approved extension thereof, other than for a lawful, job-related reason; 8 USC 1188(g)(2) 29 CFR 501.19(e) $16,312 $16,579
(1) Violation for improperly rejecting a US worker who is an applicant for employment, in violation of 8 USC 1188, 20 CFR part 655 subpart B, or 29 CFR part 501. 8 USC 1188(g)(2) 29 CFR 501.19(f) $16,312 $16,579


Immigration & Nationality Act (H-2B)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 3/17/2017 Maximum Civil Monetary Penalty after 3/17/2017
(1) Violation of any provisions of section 503.16 related to wages, impermissible deductions or prohibited fees and expenses (equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker(s)); 8 USC 1184(c)(14) 29 CFR 503.23(b) $11,940 $12,135
(1) Violation related to termination by layoff or otherwise or refusal to employ any worker in violation of section 503.16(r), (t), or (v), within the periods described in those sections (equal to the wages that would have been earned but for the layoff or failure to hire); 8 USC 1184(c)(14) 29 CFR 503.23(c) $11,940 $12,135
(1) Any other violation that meets the standards described in section 503.19. 8 USC 1184(c)(14) 29 CFR 503.23(d) $11,940 $12,135


Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
(1) A violation of the Act or any regulation under the Act. 29 USC 1853(a)(1) 29 CFR 500.1(e) $2,355 $2,394


Occupational Safety and Health Act (OSH Act)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
(1) Failure to correct a violation for which a citation has been issued under section 9(a) of the OSH Act within the period permitted for the correction; 29 USC 666(d) 29 CFR 1903.15(d)(5) $12,471 $12,675
(1) Violation of the requirements of section 5 of the OSH Act, any standard, rule or order promulgated under section 6 of the OSH Act, or applicable regulations; 29 USC 666(c) 29 CFR 1903.15(d)(4) $12,471 $12,675
(1) Violation of any of the posting requirements, as prescribed under provisions of the OSH Act; 29 USC 666(i) 29 CFR 1903.15(d)(6) $12,471 $12,675
(1) Serious violation of the requirements of section 5 of the OSH Act, of any standard, rule, or order promulgated under section 6 of the OSH Act, or applicable regulations; 29 USC 666(b) 29 CFR 1903.15(d)(3) $12,471 $12,675
(1) Willfull or repeated violation the requirements of section 5 of the OSH Act, any standards, rules or orders promulgated under section 6 of the OSH Act, or applicable regulations. 29 USC 666(a) 29 CFR 1903.15(d)(1) and 29 CFR 1903.15(d)(2) $124,709 $126,749


Walsh-Healey Public Contracts Act (PCA)
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/13/2017 Maximum Civil Monetary Penalty after 1/13/2017
(1) Knowing employment of persons under 16 years of age or labor by incarcerated persons in the performance of the contract 41 USC 6503(b) 41 CFR 50-201.3(e) $25 $25