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The U.S. Department of Labor (DOL) released the latest update on civil monetary penalties for employee benefit-related violations in 2024. The increased amounts apply to civil penalties that are accessed after January 15, 2004 (for violations occurring after November 2, 2015).
These are notable maximum penalties:
- Violations of federal minimum wage or overtime requirements increases to $2,451 per violation
- Failing to file a Form 5500 for an employee benefit plan increases to $2,670 per day
- Violations of the poster requirement under the FMLA increases to $211 per offense
Requirement |
2024 Penalty Amount |
Wage and Hour |
|
Repeated or willful violations of minimum wage or overtime requirements (FLSA) |
Up to $2,451 for each violation |
Violations of child labor laws |
Up to $15,629 for each employee subject to violation |
Child labor law violations that cause death or serious injury to an employee under age 18 |
Up to $71,031 for each violation (amount doubled if repeated or willful violation) |
Willful failure to post FMLA general notice |
Up to $211 for each separate offense |
Violations of the Employee Polygraph Protection Act (EPPA) |
Up to $25,597 for each violation |
Employee Benefits |
|
Failure to file an annual report (Form 5500) with the DOL (unless a filing exemption applies) |
Up to $2,670 per day |
Failure of a multiple employer welfare arrangement (MEWA) to file an annual report (Form M-1) with the DOL |
Up to $1,942 per day |
Failure to furnish plan-related information requested by the DOL *Under ERISA, administrators of employee benefit plans must furnish to the DOL, upon request, any documents relating to the employee benefit plan. |
Up to $190 per day, but not to exceed $1,906 per request |
Failure to provide the annual notice regarding CHIP coverage opportunities *This notice applies to employers with group health plans that cover residents of states that provide a premium assistance subsidy under a Medicaid or CHIP program. |
Up to $141 per day for each failure (each employee is a separate violation) |
For 401(k) plans, failure to provide blackout notice or notice of right to divest employer securities |
Up to $169 per day |
Failure to provide summary of benefits and coverage (SBC) |
Up to $1,406 per failure |
Employee Safety – OSH Act |
|
Violation of posting requirement |
Up to $16,131 for each violation |
Other-than-serious violation |
Up to $16,131 for each violation |
Serious violation |
Up to $16,131 for each violation |
Willful violation |
Between $11,524 and $161,323 per violation |
Uncorrected violation |
Up to $16,131 per day until the violation is corrected |
Employers should review their adherence to DOL laws, review payment procedures, benefit plans, and safety protocols to make sure they comply with federal regulations. Download the bulletin for more details.
National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.