2023-00271. Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2023

AGENCY:

Employment and Training Administration, Office of Workers' Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, and Mine Safety and Health Administration, Department of Labor.

ACTION:

Final rule.

SUMMARY:

The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2023 annual adjustments for inflation to its civil monetary penalties.

DATES:

This final rule is effective on January 15, 2023. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 15, 2023.

FOR FURTHER INFORMATION CONTACT:

Erin FitzGerald, Senior Policy Advisor, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW, Washington, DC 20210; telephone: [phone] (this is not a toll-free number). Copies of this final rule may be obtained in alternative formats (large print, Braille, audio tape or disc), upon request, by calling [phone] (this is not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-5627 to obtain information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION:

Preamble Table of Contents

I. Background

II. Adjustment for 2023

III. Paperwork Reduction Act

IV. Administrative Procedure Act

V. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

VI. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act

VII. Other Regulatory Considerations

A. The Unfunded Mandates Reform Act of 1995

B. Executive Order 13132: Federalism

C. Executive Order 13175: Indian Tribal Governments

D. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families

E. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

F. Environmental Impact Assessment

G. Executive Order 13211: Energy Supply

H. Executive Order 12630: Constitutionally Protected Property Rights

I. Executive Order 12988: Civil Justice Reform Analysis

I. Background

On November 2, 2015, Congress enacted the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, sec. 701 (Inflation Adjustment Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 as previously amended by the 1996 Debt Collection Improvement Act (collectively, the “Prior Inflation Adjustment Act”), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The Inflation Adjustment Act required agencies to (1) adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule (IFR); and (2) make subsequent annual adjustments for inflation no later than January 15 of each year.

On July 1, 2016, the Department published an IFR that established the initial catch-up adjustment for most civil penalties that the Department administers and requested comments. See81 FR 43430 (DOL IFR). On January 18, 2017, the Department published the final rule establishing the 2017 Annual Adjustment for those civil monetary penalties adjusted in the DOL IFR. See82 FR 5373 (DOL 2017 Annual Adjustment). On July 1, 2016, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) (collectively, “the Departments”) jointly published an IFR that established the initial catch-up adjustment for civil monetary penalties assessed or enforced in connection with the employment of temporary nonimmigrant workers under the H-2B program. See81 FR 42983 (Joint IFR). On March 17, 2017, the Departments jointly published the final rule establishing the 2017 Annual Adjustment for the H-2B civil monetary penalties. See82 FR 14147 (Joint 2017 Annual Adjustment). The Joint 2017 Annual Adjustment also explained that DOL would make future adjustments to the H-2B civil monetary penalties consistent with DOL's delegated authority under 8 U.S.C. 1184(c)(14), Immigration and Nationality Act section 214(c)(14), and the Inflation Adjustment Act. See82 FR 14147-48. On January 2, 2018, the Department published the final rule establishing the 2018 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. See83 FR 7 (DOL 2018 Annual Adjustment). On January 23, 2019, the Department published the final rule establishing the 2019 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. See84 FR 213 (DOL 2019 Annual Adjustment). On January 15, 2020, the Department published the final rule establishing the 2020 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. See85 FR 2292 (DOL 2020 Annual Adjustment). On January 14, 2021, the Department published the final rule establishing the 2021 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. See86 FR 2964 (DOL 2021 Annual Adjustment). On January 14, 2022, the Department published the final rule establishing the 2022 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. See87 FR 2328 (DOL 2022 Annual Adjustment). The DOL 2022 Annual Adjustment also included the first annual adjustments for a newly enacted civil monetary penalty regarding retention of tips under the Fair Labor Standards Act (FLSA) and a newly established civil monetary penalty regarding whistleblower protections under the high-wage components of the labor value content requirements of the United States-Mexico-Canada Agreement Implementation Act (USMCA).

This rule implements the 2023 annual inflation adjustments, as required by the Inflation Adjustment Act, for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. The Inflation Adjustment Act provides that the increased penalty levels apply to any penalties assessed after the effective date of the increase. Pursuant to the Inflation Adjustment Act, this final rule is published notwithstanding Section 553 of the APA.

This rule is not significant under Executive Order 12866.

Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs designated this rule as not a `major rule,' as defined by 5 U.S.C. 804(2).

II. Adjustment for 2023

The Department has undertaken a thorough review of civil penalties administered by its various components pursuant to the Inflation Adjustment Act and in accordance with guidance issued by the Office of Management and Budget.^[1]

The Department first identified the most recent penalty amount, which is the amount established by the 2022 annual adjustment as set forth in the DOL 2022 Annual Adjustment published on January 14, 2022.

The Department is required to calculate the annual adjustment based on the Consumer Price Index for all Urban Consumers (CPI-U). Annual inflation adjustments are based on the percent change between the October CPI-U preceding the date of the adjustment, and the prior year's October CPI-U; in this case, the percent change between the October 2022 CPI-U and the October 2021 CPI-U. The cost-of-living adjustment multiplier for 2023, based on the Consumer Price Index (CPI-U) for the month of October 2022, not seasonally adjusted, is 1.07745.^[2] In order to compute the 2023 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.07745, and rounded to the nearest dollar.

As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after the effective date of this rule.^[3] Accordingly, for penalties assessed after January 15, 2023, whose associated violations occurred after the applicable dates listed below, the higher penalty amounts outlined in this rule will apply. The tables below demonstrate the penalty amounts that apply:

Civil Monetary Penalties for Violations of Section 3(m)(2)(B) of the FLSA (Tips)

Violations occurring	Penalty assessed	Which penalty level applies
After March 23, 2018	After March 23, 2018 but on or before November 23, 2021	Consolidated Appropriations Act of 2018 amount.
After March 23, 2018	After November 23, 2021 but on or before January 15, 2022	November 23, 2021 level.
After March 23, 2018	After January 15, 2022 but on or before January 15, 2023	January 15, 2022 level.
After March 23, 2018	After January 15, 2023	January 15, 2023 level.

Civil Monetary Penalties for USMCA Violations

Violations occurring	Penalty assessed	Which penalty level applies
After July 1, 2020	After July 1, 2020 but on or before January 15, 2022	2020 USMCA IFR amount.
After July 1, 2020	After January 15, 2022 but on or before January 15, 2023	January 15, 2022 level.
After July 1, 2020	After January 15, 2023	January 15, 2023 level.

Civil Monetary Penalties for the H-2B Temporary Non-Agricultural Worker Program

Violations occurring	Penalty assessed	Which penalty level applies
On or before November 2, 2015	On or before August 1, 2016	Pre-August 1, 2016 levels.
On or before November 2, 2015	After August 1, 2016	Pre-August 1, 2016 levels.
After November 2, 2015	After August 1, 2016, but on or before March 17, 2017	August 1, 2016 levels.
After November 2, 2015	After March 17, 2017 but on or before January 2, 2018	March 17, 2017 levels.
After November 2, 2015	After January 2, 2018 but on or before January 23, 2019	January 2, 2018 levels.
After November 2, 2015	After January 23, 2019 but on or before January 15, 2020	January 23, 2019 levels.
After November 2, 2015	After January 15, 2020 but on or before January 15, 2021	January 15, 2020 levels.
After November 2, 2015	After January 15, 2021 but on or before January 15, 2022	January 15, 2021 levels.
After November 2, 2015	After January 15, 2022 but on or before January 15, 2023	January 15, 2022 levels.
After November 2, 2015	After January 15, 2023	January 15, 2023 levels.

Civil Monetary Penalties for Other DOL Programs

Violations occurring	Penalty assessed	Which penalty level applies
On or before November 2, 2015	On or before August 1, 2016	Pre-August 1, 2016 levels.
On or before November 2, 2015	After August 1, 2016	Pre-August 1, 2016 levels.
After November 2, 2015	After August 1, 2016, but on or before January 13, 2017	August 1, 2016 levels.
After November 2, 2015	After January 13, 2017 but on or before January 2, 2018	January 13, 2017 levels.
After November 2, 2015	After January 2, 2018 but on or before January 23, 2019	January 2, 2018 levels.
After November 2, 2015	After January 23, 2019 but on or before January 15, 2020	January 23, 2019 levels.
After November 2, 2015	After January 15, 2020 but on or before January 15, 2021	January 15, 2020 levels.
After November 2, 2015	After January 15, 2021 but on or before January 15, 2022	January 15, 2021 levels.
After November 2, 2015	After January 15, 2022 but on or before January 15, 2023	January 15, 2022 levels.
After November 2, 2015	After January 15, 2023	January 15, 2023 levels.

III. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the Department consider the impact of paperwork and other information collection burdens imposed on the public. The Department has determined that this final rule does not require any collection of information.

IV. Administrative Procedure Act

The Inflation Adjustment Act provides that agencies shall annually adjust civil monetary penalties for inflation notwithstanding section 553 of the APA. Additionally, the Inflation Adjustment Act provides a nondiscretionary cost-of-living formula for annual adjustment of the civil monetary penalties. For these reasons, the requirements in sections 553(b), (c), and (d) of the APA, relating to notice and comment and requiring that a rule be effective 30 days after publication in the Federal Register , are inapplicable.

V. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

Executive Order 12866 requires that regulatory agencies assess both the costs and benefits of significant regulatory actions. Under the Executive Order, a “significant regulatory action” is one meeting any of a number of specified conditions, including the following: having an annual effect on the economy of $100 million or more; creating a serious inconsistency or interfering with an action of another agency; materially altering the budgetary impact of entitlements or the rights of entitlement recipients; or raising novel legal or policy issues.

The Department has determined that this final rule is not a “significant” regulatory action and a cost-benefit and economic analysis is not required. This regulation merely adjusts civil monetary penalties in accordance with inflation as required by the Inflation Adjustment Act, and has no impact on disclosure or compliance costs. The benefit provided by the inflationary adjustment to the maximum civil monetary penalties is that of maintaining the incentive for the regulated community to comply with the laws enforced by the Department, and not allowing the incentive to be diminished by inflation.

Executive Order 13563 directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility to minimize burden.

The Inflation Adjustment Act directed the Department to issue the annual adjustments without regard to section 553 of the APA. In that context, Congress has already determined that any possible increase in costs is justified by the overall benefits of such adjustments. This final rule makes only the statutory changes outlined herein; thus there are no alternatives or further analysis required by Executive Order 13563.

VI. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act

The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), imposes certain requirements on Federal agency rules that are subject to the notice and comment requirements of the APA, 5 U.S.C. 553(b). This final rule is exempt from the requirements of the APA because the Inflation Adjustment Act directed the Department to issue the annual adjustments without regard to section 553 of the APA. Therefore, the requirements of the RFA applicable to notices of proposed rulemaking, 5 U.S.C. 603, do not apply to this rule. Accordingly, the Department is not required to either certify that the final rule would not have a significant economic impact on a substantial number of small entities or conduct a regulatory flexibility analysis.

VII. Other Regulatory Considerations

A. The Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a state, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This Final Rule will not result in such an expenditure. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

B. Executive Order 13132: Federalism

Section 18 of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 667) requires Occupational Safety and Health Administration (OSHA)-approved State Plans to have standards and an enforcement program that are at least as effective as Federal OSHA's standards and enforcement program. OSHA-approved State Plans must have maximum and minimum penalty levels that are at least as effective as Federal OSHA's, per section 18(c)(2) of the OSH Act. See also29 CFR 1902.4(c)(2)(xi); 1902.37(b)(12). State Plans are required to increase their penalties in alignment with OSHA's penalty increases to maintain at least as effective penalty levels.

State Plans are not required to impose monetary penalties on state and local government employers. See § 1956.11(c)(2)(x). Six (6) states and one territory have State Plans that cover only state and local government employees: Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the Virgin Islands. Therefore, the requirements to increase the penalty levels do not apply to these State Plans. Twenty-one states and one U.S. territory have State Plans that cover both private sector employees and state and local government employees: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. They must increase their penalties for private-sector employers.

Other than as listed above, this final rule does not have federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Accordingly, Executive Order 13132, Federalism, requires no further agency action or analysis.

C. Executive Order 13175: Indian Tribal Governments

This final rule does not have “tribal implications” because it does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Accordingly, Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, requires no further agency action or analysis.

List of Subjects

20 CFR Part 655

• Immigration
• Labor
• Penalties

20 CFR Part 702

• Administrative practice and procedure
• Longshore and harbor workers
• Penalties
• Reporting and recordkeeping requirements
• Workers' compensation

20 CFR Part 725

• Administrative practice and procedure
• Black lung benefits
• Coal

20 CFR Part 726

• Administrative practice and procedure
• Black lung benefits
• Coal miners
• Mines
• Penalties

29 CFR Part 5

• Administrative practice and procedure
• Construction industry
• Employee benefit plans
• Government contracts
• Law enforcement
• Minimum wages
• Penalties
• Reporting and recordkeeping requirements

29 CFR Part 500

• Administrative practice and procedure
• Aliens
• Housing
• Insurance
• Intergovernmental relations
• Investigations
• Migrant labor
• Motor vehicle safety
• Occupational safety and health
• Penalties
• Reporting and recordkeeping requirements
• Wages
• Whistleblowing

29 CFR Part 501

• Administrative practice and procedure
• Agriculture
• Aliens
• Employment
• Housing
• Housing standards
• Immigration
• Labor
• Migrant labor
• Penalties
• Transportation
• Wages

29 CFR Part 503

• Administrative practice and procedure
• Aliens
• Employment
• Housing
• Immigration
• Labor
• Penalties
• Transportation
• Wages

29 CFR Part 530

• Administrative practice and procedure
• Clothing
• Homeworkers
• Indians—arts and crafts
• Penalties
• Reporting and recordkeeping requirements
• Surety bonds
• Watches and jewelry

29 CFR Part 570

• Child labor
• Law enforcement
• Penalties

29 CFR Part 578

• Penalties
• Wages

29 CFR Part 579

• Child labor
• Penalties

29 CFR Part 801

• Administrative practice and procedure
• Employment
• Lie detector tests
• Penalties
• Reporting and recordkeeping requirements

29 CFR Part 810

• Labor
• Wages
• Hours of work
• Trade agreement
• Motor vehicle
• Tariffs
• Imports
• Whistleblowing

29 CFR Part 825

• Administrative practice and procedure
• Airmen
• Employee benefit plans
• Health
• Health insurance
• Labor management relations
• Maternal and child health
• Penalties
• Reporting and recordkeeping requirements
• Teachers

29 CFR Part 1903

• Intergovernmental relations
• Law enforcement
• Occupational Safety and Health
• Penalties

30 CFR Part 100

• Mine safety and health
• Penalties

41 CFR Part 50-201

• Child labor
• Government procurement
• Minimum wages
• Occupational safety and health
• Reporting and recordkeeping requirements

For the reasons set out in the preamble, 20 CFR chapters VI and VII, 29 CFR subtitle A and chapters V, XVII, and XXV, 30 CFR chapter I, and 41 CFR chapter 50 are amended as follows.

DEPARTMENT OF LABOR

Employment and Training Administration

Title 20—Employees' Benefits

PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES

1. The authority citation for part 655 continues to read as follows:

Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102- 232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat. 2135, as amended; Pub. L. 109-423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); and 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115-128, 132 Stat. 1547 (48 U.S.C. 1806).

Subpart A issued under 8 CFR 214.2(h).

Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 CFR 214.2(h).

Subpart E issued under 48 U.S.C. 1806

Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note, Pub. L. 114-74 at section 701.

Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and (b)(1), 1182(n), and (t), and 1184(g) and (j); sec. 303(a)(8), Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), Pub. L. 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 note, Pub. L. 114-74 at section 701.

Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).

§§ 655.620, 655.801, and 655.810

[Amended]

2. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount indicated in the right column.

Paragraph	Remove	Add
§ 655.620(a)	$10,360	$11,162
§ 655.801(b)	8,433	9,086
§ 655.810(b)(1) introductory text	2,072	2,232
§ 655.810(b)(2) introductory text	8,433	9,086
§ 655.810(b)(3) introductory text	59,028	63,600

DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

PART 702—ADMINISTRATION AND PROCEDURE

3. The authority citation for part 702 continues to read as follows:

Authority: 5 U.S.C. 301, and 8171 et seq.;33 U.S.C. 901 et seq.;42 U.S.C. 1651 et seq.;43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

§§ 702.204, 702.236, and 702.271

[Amended]

4. In the following table, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the section or paragraph and add in its place the dollar amount or date indicated in the right column.

Section/paragraph	Remove	Add
§ 702.204	$26,269	$28,304.
§ 702.204	January 15, 2022	January 15, 2023.
§ 702.236	$320	$345.
§ 702.236	January 15, 2022	January 15, 2023.
§ 702.271(a)(2)	January 15, 2022	January 15, 2023.
§ 702.271(a)(2)	$2,627	$2,830.
§ 702.271(a)(2)	$13,132	$14,149.

PART 725—CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED

5. The authority citation for part 725 continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 921, 932, 936; 33 U.S.C. 901 et seq.;42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.

§ 725.621

[Amended]

6. In § 725.621, amend paragraph (d) by removing “January 15, 2022” and adding in its place “January 15, 2023” and by removing “$1,600” and adding in its place “$1,724”.

PART 726—BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S INSURANCE

7. The authority citation for part 726 continues to read as follows:

Authority: 5 U.S.C. 301; 30 U.S.C. 901 et seq., 902(f), 925, 932, 933, 934, 936; 33 U.S.C. 901 et seq.;28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-2009, 74 FR 58834.

8. In § 726.302:

a. In paragraph (c)(2)(i) introductory text, remove “January 15, 2022” and add “January 15, 2023” in its place;

b. Revise the table following paragraph (c)(2)(i); and

c. In the following table, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount or date indicated in the right column.

Paragraph	Remove	Add
(c)(4)	January 15, 2022	January 15, 2023.
(c)(4)	$157	$169.
(c)(5)	January 15, 2022	January 15, 2023.
(c)(5)	$468	$504.
(c)(6)	January 15, 2022	January 15, 2023.
(c)(6)	$3,198	$3,446.

The revision reads as follows:

§ 726.302

Determination of penalty.

* * * * *

(c) * * *

(2) * * *

(i) * * *

Table 1 to Paragraph (c)(2)(i)

Employees	Penalty (per day)
Less than 25	$169
25-50	335
51-199	504
More than 100	670

* * * * *

DEPARTMENT OF LABOR

Wage and Hour Division

Title 29—Labor

PART 5—LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)

9. The authority citation for part 5 is revised to read as follows:

Authority: 5 U.S.C. 301; R.S. 161, 64 Stat. 1267; Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 40 U.S.C. 3141 et seq.;40 U.S.C. 3145; 40 U.S.C. 3148; 40 U.S.C. 3701 et seq.; and the laws listed in 5.1(a) of this part; Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.

§ 5.5

[Amended]

10. In § 5.5, amend paragraph (b)(2) by removing “$29” and adding in its place “$31”.

§ 5.8

[Amended]

11. In § 5.8, amend paragraph (a) by removing “$29” and adding in its place “$31”.

PART 500—MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

12. The authority citation for part 500 continues to read as follows:

Authority: Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74, 129 Stat 584.

§ 500.1

[Amended]

13. In § 500.1, amend paragraph (e) by removing “$2,739” and adding in its place “$2,951”.

PART 501—ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT

14. The authority citation for part 501 continues to read as follows:

Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 note; and sec. 701, Pub. L. 114-74, 129 Stat. 584.

§ 501.19

[Amended]

15. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount indicated in the right column.

Paragraph	Remove	Add
§ 501.19(c) introductory text	$1,898	$2,045
§ 501.19(c)(1)	6,386	6,881
§ 501.19(c)(2)	63,232	68,129
§ 501.19(c)(3)	126,463	136,258
§ 501.19(d)	6,386	6,881
§ 501.19(e)	18,970	20,439
§ 501.19(f)	18,970	20,439

PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT

16. The authority citation for part 503 is revised to read as follows:

Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C. 1184; 8 CFR 214.2(h); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701.

§ 503.23

[Amended]

17. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph, and add in its place the dollar amount indicated in the right column:

Paragraph	Remove	Add
§ 503.23(b)	$13,885	$14,960
§ 503.23(c)	13,885	14,960
§ 503.23(d)	13,885	14,960

PART 530—EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES

18. The authority citation for part 530 is revised to read as follows:

Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat. 584.

19. In § 530.302:

a. Amend paragraph (a) by removing “$1,151” and adding in its place “$1,240;” and

b. Revise paragraph (b).

The revision reads as follows:

§ 530.302

Amounts of civil penalties.

* * * * *

(b) The amount of civil money penalties shall be determined per affected homeworker within the limits set forth in the following schedule, except that no penalty shall be assessed in the case of violations which are deemed to be de minimis in nature:

Table 1 to Paragraph (b)

Nature of violation	Penalty per affected homeworker
	Minor	Substantial	Repeated intentional or knowing
Recordkeeping	$24-249	$249-496	$496-1,240
Monetary violations	24-249	249-496
Employment of homeworkers without a certificate		249-496	496-1,240
Other violations of statutes, regulations or employer assurances	24-249	249-496	496-1,240

PART 570—CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION

Subpart G—General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended

20. The authority citation for subpart G of part 570 is revised to read as follows:

Authority: 52 Stat. 1060-1069, as amended; 29 U.S.C. 201-219; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701.

§ 570.140

[Amended]

21. In § 570.140, amend paragraph (b)(1) by removing “$14,050” and adding in its place “$15,138” and paragraph (b)(2) by removing “$63,855” and adding in its place “$68,801”.

PART 578—TIP RETENTION, MINIMUM WAGE, AND OVERTIME VIOLATIONS—CIVIL MONEY PENALTIES

22. The authority citation for part 578 continues to read as follows:

Authority: 29 U.S.C. 216(e), as amended by sec. 9, Pub. L. 101-157, 103 Stat. 938, sec. 3103, Pub. L. 101-508, 104 Stat. 1388-29, sec. 302(a), Pub. L. 110-233, 122 Stat. 920, and sec. 1201, Div. S., Tit. XII, Pub. L. 115-141, 132 Stat. 348; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note), as amended by sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-358, 1321-373, and sec. 701, Pub. L. 114-74, 129 Stat. 584.

§ 578.3

[Amended]

23. In § 578.3, amend paragraph (a)(1) by removing “$1,234” and adding in its place “$1,330” and paragraph (a)(2) by removing “$2,203” and adding in its place “$2,374”.

PART 579—CHILD LABOR VIOLATIONS—CIVIL MONEY PENALTIES

24. The authority citation for part 579 continues to read as follows:

Authority: 29 U.S.C. 203(m), (l), 211, 212, 213(c), 216; Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat. 72, 76; Secretary of Labor's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 Note.

§ 579.1

[Amended]

25. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount indicated in the right column.

Paragraph	Remove	Add
§ 579.1(a)(1)(i)(A)	$14,050	$15,138
§ 579.1(a)(1)(i)(B)	63,855	68,801
§ 579.1(a)(2)(i)	2,203	2,374
§ 579.1(a)(2)(ii)	1,234	1,330

PART 801—APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988

26. The authority citation for part 801 is revised to read as follows:

Authority: Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.

§ 801.42

[Amended]

27. In § 801.42, amend paragraph (a) introductory text by removing “$23,011” and adding in its place “$24,793”.

PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT

28. The authority citation for part 810 is revised to read as follows:

Authority: 19 U.S.C. 1508(b)(4) and 19 U.S.C. 4535(b); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701.

§ 810.800

[Amended]

29. In § 810.800, amend paragraph (c)(3)(i) by removing “$53,111” and adding in its place “$57,224”.

PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993

30. The authority citation for part 825 is revised to read as follows:

Authority: 29 U.S.C. 2654; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701.

§ 825.300

[Amended]

31. In § 825.300, amend paragraph (a)(1) by removing “$189” and adding in its place “$204”.

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Title 29—Labor

PART 1903—INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES

32. The authority citation for part 1903 continues to read as follows:

Authority: Secs. 8 and 9 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 658); 5 U.S.C. 553; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Section 701, Pub. L. 114-74; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

§ 1903.15

[Amended]

33. In the following table, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount or date indicated in the right column.

Paragraph	Remove	Add
§ 1903.15(d) introductory text	January 15, 2022	January 15, 2023.
§ 1903.15(d)(1)	$10,360	$11,162.
§ 1903.15(d)(1)	$145,027	$156,259.
§ 1903.15(d)(2)	$145,027	$156,259.
§ 1903.15(d)(3)	$14,502	$15,625.
§ 1903.15(d)(4)	$14,502	$15,625.
§ 1903.15(d)(5)	$14,502	$15,625.
§ 1903.15(d)(6)	$14,502	$15,625.

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Title 30—Mineral Resources

PART 100—CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES

34. The authority citation for part 100 is revised to read as follows:

Authority: 5 U.S.C. 301; 30 U.S.C. 815, 820, 957; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701.

35. In § 100.3, amend paragraph (a)(1) introductory text by removing “$79,428” and adding in its place “$85,580” and by revising table 14 to paragraph (g).

The revision reads as follows:

§ 100.3

Determination of penalty amount; regular assessment.

* * * * *

(g) * * *

Table 14 to Paragraph (g) —Penalty Conversion Table

Points	Penalty ($)
60 or fewer	$159
61	173
62	186
63	203
64	220
65	238
66	258
67	280
68	302
69	328
70	354
71	385
72	418
73	453
74	488
75	530
76	576
77	621
78	674
79	731
80	792
81	858
82	927
83	1,006
84	1,089
85	1,182
86	1,280
87	1,385
88	1,501
89	1,626
90	1,762
91	1,908
92	2,065
93	2,238
94	2,425
95	2,627
96	2,846
97	3,080
98	3,340
99	3,618
100	3,920
101	4,245
102	4,599
103	4,982
104	5,396
105	5,847
106	6,333
107	6,861
108	7,432
109	8,052
110	8,722
111	9,446
112	10,235
113	11,088
114	12,012
115	13,011
116	14,094
117	15,270
118	16,541
119	17,919
120	19,410
121	21,029
122	22,777
123	24,677
124	26,733
125	28,955
126	31,369
127	33,983
128	36,812
129	39,879
130	43,201
131	46,799
132	50,695
133	54,918
134	59,299
135	63,677
136	68,060
137	72,437
138	76,819
139	81,198
140 or more	85,580

* * * * *

§§ 100.4 and 100.5

[Amended]

36. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph, and add in its place the dollar amount indicated in the right column.

Paragraph	Remove	Add
§ 100.4(a)	$2,648	$2,853
§ 100.4(b)	5,293	5,703
§ 100.4(c) introductory text	6,620	7,133
§ 100.4(c) introductory text	79,428	85,580
§ 100.5(c)	8,605	9,271
§ 100.5(d)	363	391
§ 100.5(e)	291,234	313,790

Title 41—Public Contracts and Property Management

PART 50-201—GENERAL REGULATIONS

37. The authority citation for part 50-201 continues to read as follows:

Authority: Sec. 4, 49 Stat. 2038; 41 U.S.C. 38. Interpret or apply sec. 6, 49 Stat. 2038, as amended; 41 U.S.C. 40; 108 Stat. 7201; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.

§ 50-201.3

[Amended]

38. In § 50-201.3, amend paragraph (e) by removing “$29” and adding in its place “$31”.

Signed in Washington, DC.

Martin J. Walsh,

Secretary, U.S. Department of Labor.

Note:

The following Appendix will not appear in the Code of Federal Regulations.

Agency	Law	Name/description	CFR citation	2022		2023
				Min penalty (rounded to nearest dollar)	Max penalty (rounded to nearest dollar)	Min penalty (rounded to nearest dollar)	Max penalty (rounded to nearest dollar)
MSHA	Federal Mine Safety & Health Act of 1977	Regular Assessment	30 CFR 100.3(a)		$79,428		$85,580.
MSHA	Federal Mine Safety & Health Act of 1977	Penalty Conversion Table	30 CFR 100.3(g)	$148	$79,428	$159	$85,580.
MSHA	Federal Mine Safety & Health Act of 1977	Minimum Penalty for any order issued under 104(d)(1) of the Mine Act	30 CFR 100.4(a)	2,648		2,853
MSHA	Federal Mine Safety & Health Act of 1977	Minimum penalty for any order issued under 104(d)(2) of the Mine Act	30 CFR 100.4(b)	5,293		5,703
MSHA	Federal Mine Safety & Health Act of 1977	Penalty for failure to provide timely notification under 103(j) of the Mine Act	30 CFR 100.4(c)	6,620	$79,428	7,133	$85,580.
MSHA	Federal Mine Safety & Health Act of 1977	Any operator who fails to correct a violation for which a citation or order was issued under 104(a) of the Mine Act	30 CFR 100.5(c)		$8,605		$9,271.
MSHA	Federal Mine Safety & Health Act of 1977	Violation of mandatory safety standards related to smoking standards	30 CFR 100.5(d)		$363		$391.
MSHA	Federal Mine Safety & Health Act of 1977	Flagrant violations under 110(b)(2) of the Mine Act	30 CFR 100.5(e)		$291,234		$313,790.
EBSA	Employee Retirement Income Security Act	Section 209(b): Per plan year for failure to furnish reports (e.g., pension benefit statements) to certain former employees or maintain employee records each employee a separate violation	29 CFR 2575.1-3		$33		$36.
EBSA	Employee Retirement Income Security Act	Section 502(c)(2)—Per day for failure/refusal to properly file plan annual report	29 CFR 2575.1-3		$2,400		$2,586.
EBSA	Employee Retirement Income Security Act	Section 502(c)(4)—Per day for failure to disclose certain documents upon request under Section 101(k) and (l); failure to furnish notices under Sections 101(j) and 514(e)(3)—each statutory recipient a separate violation	29 CFR 2575.1-3		$1,899		$2,046.
EBSA	Employee Retirement Income Security Act	Section 502(c)(5)—Per day for each failure to file annual report for Multiple Employer Welfare Arrangements (MEWAs) under Section 101(g)	29 CFR 2575.1-3		$1,746		$1,881.
EBSA	Employee Retirement Income Security Act	Section 502(c)(6)—Per day for each failure to provide Secretary of Labor requested documentation not to exceed a per-request maximum	29 CFR 2575.1-3		$171 per day, not to exceed $1,713 per request		$184 per day, not to exceed $1,846 per request.
EBSA	Employee Retirement Income Security Act	Section 502(c)(7)—Per day for each failure to provide notices of blackout periods and of right to divest employer securities—each statutory recipient a separate violation	29 CFR 2575.1-3		$152		$164.
EBSA	Employee Retirement Income Security Act	Section 502(c)(8)—Per each failure by an endangered status multiemployer plan to adopt a funding improvement plan or meet benchmarks; or failure of a critical status multiemployer plan to adopt a rehabilitation plan	29 CFR 2575.1-3		$1,507		$1,624.
EBSA	Employee Retirement Income Security Act	Section 502(c)(9)(A)—Per day for each failure by an employer to inform employees of CHIP coverage opportunities under Section 701(f)(3)(B)(i)(l)—each employee a separate violation	29 CFR 2575.1-3		$127		$137.
EBSA	Employee Retirement Income Security Act	Section 502(c)(9)(B)—Per day for each failure by a plan to timely provide to any State information required to be disclosed under Section 701(f)(3)(B)(ii), as added by CHIP regarding coverage coordination—each participant/beneficiary a separate violation	29 CFR 2575.1-3		$127		$137.
EBSA	Employee Retirement Income Security Act	Section 502(c)(10)—Failure by any plan sponsor of group health plan, or any health insurance issuer offering health insurance coverage in connection with the plan, to meet the requirements of Sections 702(a)(1)(F), (b)(3), (c) or (d); or Section 701; or Section 702(b)(1) with respect to genetic information—daily per participant and beneficiary during non-compliance period	29 CFR 2575.1-3		$127		$137.
EBSA	Employee Retirement Income Security Act	Section 502(c)(10)—uncorrected de minimis violation	29 CFR 2575.1-3	3,192		3,439
EBSA	Employee Retirement Income Security Act	Section 502(c)(10)—uncorrected violations that are not de minimis	29 CFR 2575.1-3	19,157		20,641
EBSA	Employee Retirement Income Security Act	Section 502(c)(10)—unintentional failure maximum cap	29 CFR 2575.1-3		$638,556		$688,012.
EBSA	Employee Retirement Income Security Act	Section 502(c)(12)—Per day for each failure of a CSEC plan in restoration status to adopt a restoration plan	29 CFR 2575.1-3		$117		$126.
EBSA	Employee Retirement Income Security Act	Section 502(m)—Failure of fiduciary to make a proper distribution from a defined benefit plan under section 206(e) of ERISA	29 CFR 2575.1-3		$18,500		$19,933.
EBSA	Employee Retirement Income Security Act	Failure to provide Summary of Benefits Coverage under PHS Act section 2715(f), as incorporated in ERISA section 715 and 29 CFR 2590.715-2715(e)	29 CFR 2575.1-3		$1,264		$1,362.
OSHA	Occupational Safety and Health Act	Serious Violation	29 CFR 1903.15(d)(3)		$14,502		$15,625.
OSHA	Occupational Safety and Health Act	Other-Than-Serious	29 CFR 1903.15(d)(4)		$14,502		$15,625.
OSHA	Occupational Safety and Health Act	Willful	29 CFR 1903.15(d)(1)	10,360	$145,027	11,162	$156,259.
OSHA	Occupational Safety and Health Act	Repeated	29 CFR 1903.15(d)(2)		$145,027		$156,259.
OSHA	Occupational Safety and Health Act	Posting Requirement	29 CFR 1903.15(d)(6)		$14,502		$15,625.
OSHA	Occupational Safety and Health Act	Failure to Abate	29 CFR 1903.15(d)(5)		$14,502 per day		$15,625 per day.
WHD	Family and Medical Leave Act	FMLA	29 CFR 825.300(a)(1)		$189		$204.
WHD	Fair Labor Standards Act	FLSA	29 CFR 578.3(a)(1)		$1,234		$1,330.
WHD	Fair Labor Standards Act	FLSA	29 CFR 578.3(a)(2)		$2,203		$2,374.
WHD	Fair Labor Standards Act	Child Labor	29 CFR 579.1(a)(2)(i)		$2,203		$2,374.
WHD	Fair Labor Standards Act	Child Labor	29 CFR 579.1(a)(2)(ii)		$1,234		$1,330.
WHD	Fair Labor Standards Act	Child Labor	29 CFR 570.140(b)(1)		$14,050		$15,138.
WHD	Fair Labor Standards Act	Child Labor	29 CFR 579.1(a)(1)(i)(A)		$14,050		$15,138.
WHD	Fair Labor Standards Act	Child Labor that causes serious injury or death	29 CFR 570.140(b)(2)		$63,855		$68,801.
WHD	Fair Labor Standards Act	Child Labor that causes serious injury or death	29 CFR 579.1(a)(1)(i)(B)		$63,855		$68,801.
WHD	Fair Labor Standards Act	Child Labor willful or repeated that causes serious injury or death (penalty amount doubled)	29 CFR 570.140(b)(2); 29 CFR 579.1(a)(1)(i)(B) Doubled		$127,710		$137,602.
WHD	Migrant and Seasonal Agricultural Worker Protection Act	MSPA	29 CFR 500.1(e)		$2,739		$2,951.
WHD	Immigration & Nationality Act	H1B	20 CFR 655.810(b)(1)		$2,072		$2,232.
WHD	Immigration & Nationality Act	H1B retaliation	20 CFR 655.801(b)		$8,433		$9,086.
WHD	Immigration & Nationality Act	H1B willful or discrimination	20 CFR 655.810(b)(2)		$8,433		$9,086.
WHD	Immigration & Nationality Act	H1B willful that resulted in displacement of a US worker	20 CFR 655.810(b)(3)		$59,028		$63,600.
WHD	Immigration & Nationality Act	D-1	20 CFR 655.620(a)		$10,360		$11,162.
WHD	Contract Work Hours and Safety Standards Act	CWHSSA	29 CFR 5.5(b)(2)		$29		$31.
WHD	Contract Work Hours and Safety Standards Act	CWHSSA	29 CFR 5.8(a)		$29		$31.
WHD	Walsh-Healey Public Contracts Act	Walsh-Healey	41 CFR 50-201.3(e)		$29		$31.
WHD	Employee Polygraph Protection Act	EPPA	29 CFR 801.42(a)		$23,011		$24,793.
WHD	Immigration & Nationality Act	H2A	29 CFR 501.19(c)		$1,898		$2,045.
WHD	Immigration & Nationality Act	H2A willful or discrimination	29 CFR 501.19(c)(1)		$6,386		$6,881.
WHD	Immigration & Nationality Act	H2A Safety or health resulting in serious injury or death	29 CFR 501.19(c)(2)		$63,232		$68,129.
WHD	Immigration & Nationality Act	H2A willful or repeated safety or health resulting in serious injury or death	29 CFR 501.19(c)(4)		$126,463		$136,258.
WHD	Immigration & Nationality Act	H2A failing to cooperate in an investigation	29 CFR 501.19(d)		$6,386		$6,881.
WHD	Immigration & Nationality Act	H2A displacing a US worker	29 CFR 501.19(e)		$18,970		$20,439.
WHD	Immigration & Nationality Act	H2A improperly rejecting a US worker	29 CFR 501.19(f)		$18,970		$20,439.
WHD	Immigration & Nationality Act	H-2B	29 CFR 503.23(b)		$13,885		$14,960.
WHD	Immigration & Nationality Act	H-2B	29 CFR 503.23(c)		$13,885		$14,960.
WHD	Immigration & Nationality Act	H-2B	29 CFR 503.23(d)		$13,885		$14,960.
WHD	Fair Labor Standards Act	Home Worker	29 CFR 530.302(a)		$1,151		$1,240.
WHD	Fair Labor Standards Act	Home Worker	29 CFR 530.302(b)	22	$1,151	24	$1,240.
WHD	United States-Mexico-Canada Agreement Implementation Act	Whistleblower	29 CFR 810.800(c)(3)(i)		$53,111		$57,224.
OWCP	Longshore and Harbor Workers' Compensation Act	Failure to file first report of injury or filing a false statement or misrepresentation in first report	20 CFR 702.204		$26,269		$28,304.
OWCP	Longshore and Harbor Workers' Compensation Act	Failure to report termination of payments	20 CFR 702.236		$320		$345.
OWCP	Longshore and Harbor Workers' Compensation Act	Discrimination against employees who claim compensation or testify in a LHWCA proceeding	20 CFR 702.271(a)(2)	2,627	$13,132	2,830	$14,149.
OWCP	Black Lung Benefits Act	Failure to report termination of payments	20 CFR 725.621(d)		$1,600		$1,724.
OWCP	Black Lung Benefits Act	Failure to secure payment of benefits for mines with fewer than 25 employees	20 CFR 726.302(c)(2)(i)	157		169
OWCP	Black Lung Benefits Act	Failure to secure payment of benefits for mines with 25-50 employees	20 CFR 726.302(c)(2)(i)	311		335
OWCP	Black Lung Benefits Act	Failure to secure payment of benefits for mines with 51-100 employees	20 CFR 726.302(c)(2)(i)	468		504
OWCP	Black Lung Benefits Act	Failure to secure payment of benefits for mines with more than 100 employees	20 CFR 726.302(c)(2)(i)	622		670
OWCP	Black Lung Benefits Act	Failure to secure payment of benefits after 10th day of notice	20 CFR 726.302(c)(4)	157		169
OWCP	Black Lung Benefits Act	Failure to secure payment of benefits for repeat offenders	20 CFR 726.302(c)(5)	468		504
OWCP	Black Lung Benefits Act	Failure to secure payment of benefits	20 CFR 726.302(c)(5)		$3,198		$3,446.

Footnotes

1.  M-23-05, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2022).

2.  OMB provided the year-over-year multiplier, rounded to 5 decimal points. Id. at 1.

3.  Appendix 1 consists of a table that provides ready access to key information about each penalty.