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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:
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.