2024-31602. Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2025  

  • 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 but on or before January 15, 2024 January 15, 2023 level.
    After March 23, 2018 After January 15, 2024 but on or before January 15, 2025 January 15, 2024 level.
    After March 23, 2018 After January 15, 2025 January 15, 2025 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 but on or before January 15, 2024 January 15, 2023 level.
    After July 1, 2020 After January 15, 2024 but on or before January 15, 2025 January 15, 2024 level.
    After July 1, 2020 After January 15, 2025 January 15, 2025 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 but on or before January 15, 2024 January 15, 2023 level.
    After November 2, 2015 After January 15, 2024 but on or before January 15, 2025 January 15, 2024 level.
    After November 2, 2015 After January 15, 2025 January 15, 2025 level.
    ( print page 1856)

    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 but on or before January 15, 2024 January 15, 2023 level.
    After November 2, 2015 After January 15, 2024 but on or before January 15, 2025 January 15, 2024 level.
    After November 2, 2015 After January 15, 2025 January 15, 2025 level.

    B. Employment and Training Administration, 20 CFR part 655, subpart I.

    In addition to revising 20 CFR 655.810(b) to reflect adjusted maximum civil money penalty amounts, as described above, the Department is revising 20 CFR 655.810(g) to reflect the enactment of the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015 (Pub. L. 114-74) and its requirement that agencies make civil money penalty adjustments annually, as well as to remove information regarding the effective date of increased civil money penalties that was superseded by the Inflation Adjustment Act. These are technical changes to conform the regulation to the requirements of the Inflation Adjustment Act.

    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. Finally, the Department finds that good cause exists to dispense with the notice and public comment procedures for the technical correction to its regulation at 20 CFR 655.810(g), as it concludes that such procedures are unnecessary. The revision merely conforms the regulation to the requirements of the Inflation Adjustment Act. The revision does not impose any new regulatory obligations or information collection requirements on employers or affect the rights of workers. Similarly, since this revision is a technical correction that does not change the substance of the Department's regulations, the Department finds that it is unnecessary to delay the effective date of this revision. 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 (as supplemented by E.O. 14094) 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 $200 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. ( print page 1857)

    VII. Other Regulatory Considerations

    A. The Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-38, 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. See29 CFR 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 miners
    • Penalties
    • Reporting and recordkeeping requirements

    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), Public Law 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note, Public Law 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), Public Law 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), Public Law 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 note, Public Law 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), Public Law 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); Public Law 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).

    2. In the following table, for each section and 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) $11,524 $11,823
    § 655.801(b) 9,380 9,624
    § 655.810(b)(1) introductory text 2,304 2,364
    § 655.810(b)(2) introductory text 9,380 9,624
    § 655.810(b)(3) introductory text 65,661 67,367

    3. Further amend § 655.810 by revising paragraph (g) to read as follows:

    What remedies may be ordered if violations are found?
    * * * * *

    (g) The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134, section 31001(s)) and the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015 (Pub. L. 114-74, section 701), requires that Federal agencies annually adjust their civil money penalties for inflation according to a specified cost-of-living formula.

    Office of Workers' Compensation Programs

    PART 702—ADMINISTRATION AND PROCEDURE

    4. 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); Public Law 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.

    5. In the following table, for each section and 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. ( print page 1859)

    Section/paragraph Remove Add
    § 702.204 $29,221 $29,980.
    § 702.204 January 15, 2024 January 15, 2025.
    § 702.236 $356 $365.
    § 702.236 January 15, 2024 January 15, 2025.
    § 702.271(a)(2) January 15, 2024 January 15, 2025.
    § 702.271(a)(2) $2,922 $2,998.
    § 702.271(a)(2) $14,608 $14,988.

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

    6. 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); Public Law 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.

    [Amended]

    7. In § 725.621, amend paragraph (d) by removing “January 15, 2024” and adding in its place “January 15, 2025” and by removing “$1,780” and adding in its place “$1,826”.

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

    8. 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, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015); Public Law 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-2009, 74 FR 58834.

    9. In § 726.302:

    a. In paragraph (c)(2)(i) introductory text, remove “January 15, 2024” and add “January 15, 2025” in its place;

    b. Revise the table 1 to 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, 2024 January 15, 2025.
    (c)(4) $174 $179.
    (c)(5) January 15, 2024 January 15, 2025.
    (c)(5) $520 $534.
    (c)(6) January 15, 2024 January 15, 2025.
    (c)(6) $3,558 $3,650.

    The revision reads as follows:

    Determination of penalty.
    * * * * *

    (c) * * *

    (2) * * *

    (i) * * *

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

    Employees Penalty (per day)
    Less than 25 $179
    25-50 355
    51-100 534
    More than 100 710
    * * * * *

    Department of Labor

    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)

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

    Authority: 5 U.S.C. 301; Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 28 U.S.C. 2461 note; 40 U.S.C. 3141 et seq.;40 U.S.C. 3145; 40 U.S.C. 3148; 40 U.S.C. 3701 et seq.; Secretary's Order No. 01-2014, 79 FR 77527 (Dec. 24, 2014); and the laws referenced by § 5.1(a).

    [Amended]

    11. In § 5.5, amend paragraph (b)(2) by removing “$32” and adding in its place “$33”.

    [Amended]

    12. In § 5.8, amend paragraph (a) by removing “$32” and adding in its place “$33”.

    Wage and Hour Division

    PART 500—MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

    13. 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.

    [Amended]

    14. In § 500.1, amend paragraph (e) by removing “$3,047” and adding in its place “$3,126”.

    ( print page 1860)

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

    15. 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.

    [Amended]

    16. 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
    (c) introductory text $2,111 $2,166
    (c)(1) 7,104 7,289
    (c)(2) 70,337 72,164
    (c)(3) 140,674 144,329
    (d) 7,104 7,289
    (e) 21,101 21,649
    (f) 21,101 21,649

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

    17. The authority citation for part 503 continues 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.

    [Amended]

    18. 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
    (b) $15,445 $15,846
    (c) 15,445 15,846
    (d) 15,445 15,846

    PART 530—EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES

    19. The authority citation for part 530 continues 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); Public Law 114-74 at sec. 701, 129 Stat 584.

    20. In § 530.302:

    a. Amend paragraph (a) by removing “$1,280” and adding in its place “$1,313”; and

    b. Revise paragraph (b).

    The revision reads as follows:

    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 $26-264 $264-525 $525-1,313
    Monetary violations 26-264 264-525
    Employment of homeworkers without a certificate 264-525 525-1,313
    Other violations of statutes, regulations or employer assurances 26-264 264-525 525-1,313
    ( print page 1861)

    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

    21. The authority citation for subpart G of part 570 continues 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); Public Law 114-74 at sec. 701.

    [Amended]

    22. In § 570.140, amend paragraph (b)(1) by removing “$15,629” and adding in its place “$16,035” and paragraph (b)(2) by removing “$71,031” and adding in its place “$72,876”.

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

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

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

    [Amended]

    24. In § 578.3, amend paragraph (a)(1) by removing “$1,373” and adding in its place “$1,409” and paragraph (a)(2) by removing “$2,451” and adding in its place “$2,515”.

    PART 579—CHILD LABOR VIOLATIONS—CIVIL MONEY PENALTIES

    25. 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.

    [Amended]

    26. 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
    (a)(1)(i)(A) $15,629 $16,035
    (a)(1)(i)(B) 71,031 72,876
    (a)(2)(i) 2,451 2,515
    (a)(2)(ii) 1,373 1,409

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

    27. The authority citation for part 801 continues 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.

    [Amended]

    28. In § 801.42, amend paragraph (a) introductory text by removing “$25,597” and adding in its place “$26,262”.

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

    29. The authority citation for part 810 continues 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.

    [Amended]

    30. In § 810.800, amend paragraph (c)(3)(i) by removing “$59,079” and adding in its place “$60,614”.

    PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993

    31. The authority citation for part 825 continues 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.

    [Amended]

    32. In § 825.300, amend paragraph (a)(1) by removing “$211” and adding in its place “$216”.

    Occupational Safety and Health Administration

    PART 1903—INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES

    33. 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).

    [Amended]

    34. 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
    (d) introductory text January 15, 2024 January 15, 2025.
    (d)(1) $11,524 $11,823.
    (d)(1) 161,323 165,514.
    (d)(2) 161,323 165,514.
    (d)(3) 16,131 16,550.
    (d)(4) 16,131 16,550.
    (d)(5) 16,131 16,550.
    ( print page 1862)
    (d)(6) 16,131 16,550.

    Mine Safety and Health Administration

    Title 30—Mineral Resources

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

    35. The authority citation for part 100 continues 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.

    36. In § 100.3:

    a. Amend paragraph (a)(1) introductory text by removing “$88,354” and adding in its place “$90,649”; and

    b. By revising table 14 to paragraph (g).

    The revision reads as follows:

    Determination of penalty amount; regular assessment.
    * * * * *

    (g) * * *

    Table 14 to Paragraph ( g )—Penalty Conversion Table

    Points Penalty ($)
    60 or fewer $168
    61 184
    62 197
    63 215
    64 233
    65 252
    66 273
    67 297
    68 320
    69 348
    70 374
    71 407
    72 443
    73 480
    74 517
    75 561
    76 610
    77 658
    78 714
    79 775
    80 839
    81 909
    82 982
    83 1,066
    84 1,153
    85 1,252
    86 1,355
    87 1,467
    88 1,590
    89 1,723
    90 1,866
    91 2,021
    92 2,187
    93 2,371
    94 2,569
    95 2,782
    96 3,014
    97 3,263
    98 3,538
    99 3,832
    100 4,152
    101 4,497
    102 4,871
    103 5,277
    104 5,716
    105 6,194
    106 6,708
    107 7,267
    108 7,872
    109 8,529
    110 9,239
    111 10,005
    112 10,842
    113 11,744
    114 12,723
    115 13,782
    116 14,929
    117 16,175
    118 17,521
    119 18,981
    120 20,560
    121 22,275
    122 24,126
    123 26,139
    124 28,316
    125 30,670
    126 33,227
    127 35,995
    128 38,992
    129 42,241
    130 45,760
    131 49,571
    132 53,698
    133 58,171
    134 62,812
    135 67,449
    136 72,092
    137 76,728
    138 81,369
    139 86,008
    140 or more 90,649
    * * * * *

    37. In the following table, for each section and 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) $2,945 $3,022
    § 100.4(b) 5,888 6,041
    § 100.4(c) introductory text 7,364 7,555
    § 100.4(c) introductory text 88,354 90,649
    § 100.5(c) 9,571 9,820
    § 100.5(d) 404 414
    § 100.5(e) 323,960 332,376

    Title 41—Public Contracts and Property Management

    PART 50-201—GENERAL REGULATIONS

    38. 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.

    [Amended]

    39. In § 50-201.3, amend paragraph (e) by removing “$32” and adding in its place “$33”.

    ( print page 1863)

    Signed in Washington, DC.

    Julie A. Su,

    Acting 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 2024 2025
    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) $88,354 $90,649.
    MSHA Federal Mine Safety & Health Act of 1977 Penalty Conversion Table 30 CFR 100.3(g) $164 $88,354 $168 $90,649.
    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) 2,945 3,022
    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) 5,888 6,041
    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) 7,364 $88,354 7,555 $90,649.
    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) $9,571 $9,820.
    MSHA Federal Mine Safety & Health Act of 1977 Violation of mandatory safety standards related to smoking standards 30 CFR 100.5(d) $404 $414.
    MSHA Federal Mine Safety & Health Act of 1977 Flagrant violations under 110(b)(2) of the Mine Act 30 CFR 100.5(e) $323,960 $332,376.
    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 $37 $38.
    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 $2,670 $2,739.
    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 $2,112 $2,167.
    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 $1,942 $1,992.
    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 $190 per day, not to exceed $1,906 per request $195 per day, not to exceed $1,956 per request.
    ( print page 1864)
    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 $169 $173.
    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 $1,677 $1,721.
    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 $141 $145.
    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 $141 $145.
    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 $141 $145.
    EBSA Employee Retirement Income Security Act Section 502(c)(10)—uncorrected de minimis violation 29 CFR 2575.1-3 3,550 3,642
    EBSA Employee Retirement Income Security Act Section 502(c)(10)—uncorrected violations that are not de minimis 29 CFR 2575.1-3 21,310 21,864
    EBSA Employee Retirement Income Security Act Section 502(c)(10)—unintentional failure maximum cap 29 CFR 2575.1-3 $710,310 $728,764.
    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 $130 $133.
    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 $20,579 $21,114.
    ( print page 1865)
    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 $1,406 $1,443.
    OSHA Occupational Safety and Health Act Serious Violation 29 CFR 1903.15(d)(3) $16,131 $16,550.
    OSHA Occupational Safety and Health Act Other-Than-Serious 29 CFR 1903.15(d)(4) $16,131 $16,550.
    OSHA Occupational Safety and Health Act Willful 29 CFR 1903.15(d)(1) 11,524 $161,323 11,823 $165,514.
    OSHA Occupational Safety and Health Act Repeated 29 CFR 1903.15(d)(2) $161,323 $165,514.
    OSHA Occupational Safety and Health Act Posting Requirement 29 CFR 1903.15(d)(6) $16,131 $16,550.
    OSHA Occupational Safety and Health Act Failure to Abate 29 CFR 1903.15(d)(5) $16,131 per day $16,550 per day.
    WHD Family and Medical Leave Act FMLA 29 CFR 825.300(a)(1) $211 $216.
    WHD Fair Labor Standards Act FLSA 29 CFR 578.3(a)(1) $1,373 $1,409.
    WHD Fair Labor Standards Act FLSA 29 CFR 578.3(a)(2) $2,451 $2,515.
    WHD Fair Labor Standards Act Child Labor 29 CFR 579.1(a)(2)(i) $2,451 $2,515.
    WHD Fair Labor Standards Act Child Labor 29 CFR 579.1(a)(2)(ii) $1,373 $1,409.
    WHD Fair Labor Standards Act Child Labor 29 CFR 570.140(b)(1) $15,629 $16,035.
    WHD Fair Labor Standards Act Child Labor 29 CFR 579.1(a)(1)(i)(A) $15,629 $16,035.
    WHD Fair Labor Standards Act Child Labor that causes serious injury or death 29 CFR 570.140(b)(2) $71,031 $72,876.
    WHD Fair Labor Standards Act Child Labor that causes serious injury or death 29 CFR 579.1(a)(1)(i)(B) $71,031 $72,876.
    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 $142,062 $145,752.
    WHD Migrant and Seasonal Agricultural Worker Protection Act MSPA 29 CFR 500.1(e) $3,047 $3,126.
    WHD Immigration & Nationality Act H1B 20 CFR 655.810(b)(1) $2,304 $2,364.
    WHD Immigration & Nationality Act H1B retaliation 20 CFR 655.801(b) $9,380 $9,624.
    WHD Immigration & Nationality Act H1B willful or discrimination 20 CFR 655.810(b)(2) $9,380 $9,624.
    WHD Immigration & Nationality Act H1B willful that resulted in displacement of a US worker 20 CFR 655.810(b)(3) $65,661 $67,367.
    WHD Immigration & Nationality Act D-1 20 CFR 655.620(a) $11,524 $11,823.
    WHD Contract Work Hours and Safety Standards Act CWHSSA 29 CFR 5.5(b)(2) $32 $33.
    WHD Contract Work Hours and Safety Standards Act CWHSSA 29 CFR 5.8(a) $32 $33.
    WHD Walsh-Healey Public Contracts Act Walsh-Healey 41 CFR 50-201.3(e) $32 $33.
    WHD Employee Polygraph Protection Act EPPA 29 CFR 801.42(a) $25,597 $26,262.
    WHD Immigration & Nationality Act H2A 29 CFR 501.19(c) $2,111 $2,166.
    WHD Immigration & Nationality Act H2A willful or discrimination 29 CFR 501.19(c)(1) $7,104 $7,289.
    WHD Immigration & Nationality Act H2A Safety or health resulting in serious injury or death 29 CFR 501.19(c)(2) $70,337 $72,164.
    WHD Immigration & Nationality Act H2A willful or repeated safety or health resulting in serious injury or death 29 CFR 501.19(c)(4) $140,674 $144,329.
    WHD Immigration & Nationality Act H2A failing to cooperate in an investigation 29 CFR 501.19(d) $7,104 $7,289.
    WHD Immigration & Nationality Act H2A displacing a US worker 29 CFR 501.19(e) $21,101 $21,649.
    WHD Immigration & Nationality Act H2A improperly rejecting a US worker 29 CFR 501.19(f) $21,101 $21,649.
    WHD Immigration & Nationality Act H-2B 29 CFR 503.23(b) $15,445 $15,846.
    ( print page 1866)
    WHD Immigration & Nationality Act H-2B 29 CFR 503.23(c) $15,445 $15,846.
    WHD Immigration & Nationality Act H-2B 29 CFR 503.23(d) $15,445 $15,846.
    WHD Fair Labor Standards Act Home Worker 29 CFR 530.302(a) $1,280 $1,313.
    WHD Fair Labor Standards Act Home Worker 29 CFR 530.302(b) 25 $1,280 26 $1,313.
    WHD United States-Mexico-Canada Agreement Implementation Act. Whistleblower 29 CFR 810.800(c)(3)(i) $59,079 $60,614.
    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 $29,221 $29,980.
    OWCP Longshore and Harbor Workers' Compensation Act Failure to report termination of payments 20 CFR 702.236 $356 $365.
    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) 2,922 $14,608 2,998 $14,988.
    OWCP Black Lung Benefits Act Failure to report termination of payments 20 CFR 725.621(d) $1,780 $1,826.
    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) 174 179
    OWCP Black Lung Benefits Act Failure to secure payment of benefits for mines with 25-50 employees 20 CFR 726.302(c)(2)(i) 346 355
    OWCP Black Lung Benefits Act Failure to secure payment of benefits for mines with 51-100 employees 20 CFR 726.302(c)(2)(i) 520 534
    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) 692 710
    OWCP Black Lung Benefits Act Failure to secure payment of benefits after 10th day of notice 20 CFR 726.302(c)(4) 174 179
    OWCP Black Lung Benefits Act Failure to secure payment of benefits for repeat offenders 20 CFR 726.302(c)(5) 520 534
    OWCP Black Lung Benefits Act Failure to secure payment of benefits, maximum daily base penalty amount 20 CFR 726.302(c)(6) $3,558 $3,650.

Document Information

Effective Date:
1/15/2025
Published:
01/10/2025
Department:
Mine Safety and Health Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
2024-31602
Dates:
This final rule is effective on January 15, 2025. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 15, 2025.
Pages:
1854-1866 (13 pages)
RINs:
1290-AA50: Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustment for 2025
RIN Links:
https://www.federalregister.gov/regulations/1290-AA50/department-of-labor-federal-civil-penalties-inflation-adjustment-act-annual-adjustment-for-2025-
Topics:
Administrative practice and procedure, Agriculture, Airmen, Aliens, Black lung benefits, Child labor, Clothing, Construction industry, Customs duties and inspection, Employee benefit plans, Employment, Government contracts, Government procurement, Health, Health insurance, Homeworkers, Housing, Housing standards, Immigration, Imports, Indians-arts and crafts, Insurance, Intergovernmental relations, Investigations, Labor, Labor management relations, Law enforcement, Lie detector tests, Longshore ...
PDF File:
2024-31602.pdf
CFR: (18)
20 CFR 655
20 CFR 702
20 CFR 725
20 CFR 726
29 CFR 5
More ...