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2024 Civil Penalty Amounts

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2.5 minute read

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.

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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.

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Bill Chukuske

Bill Chukuske

Bill Chukuske is a man of his word. His clients find him honest, sincere, trustworthy, and he always does what he said he’ll do. He believes in “taking care of his customers and everything else will fall into place.” Bill was self-employed for 20 years, building his own insurance company from the ground up, serving mostly public sector organizations. As an Employee Benefits Consultant, Bill is responsible for the overall assessment and management of all an employer’s benefit plans. He is a licensed insurance agent and works with public sector organizations in Minnesota.