As part of a recent updated provided by Matthew Burr of Burr Consulting, LLC, the United States Department of Labor has increased the civil monetary penalties assessed for violations on federal labor law and employment law posters.
The civil penalties for violations occurring after November 2, 2015 will be assessed after January 13, 2017. "This ruling is specific to federal labor and employment posters," said Burr, owner of the HR consulting firm in the Southern Tier of New York. "However, state-specific posters are also required and fines can also be assessed at the state level.Be aware of any state specific changes that have occurred or will occur in 2017."
Below are the 6 changes to the federal labor law poster penalties:
Fair Labor Standards Act (FLSA). Repeated or willful violations of the FLSA's minimum wage or overtime pay requirements are subject to a penalty of up to $1,925per violation (formerly $1,894). Minimum wage and overtime vary in New York State versus the federal definitions.
FMLA Posting. Willful violations of the FMLA's posting requirement are subject to a penalty not to exceed $166for each separate offense (formerly $163) (note: covered employers must post this general notice even if no employees are eligible for FMLA leave. Remember in 2018, New York State will be changing to a paid family leave.
Employer CHIP Notice. Not providing notices to employees with an Employer Children's Health Insurance Program (CHIP) Notice is subject to a penalty ofup to $112 per dayper violation (formerly $110).
SBCs. Failure to provide a Summary of Benefits and Coverage (SBC) is subject to a penalty of up to $1,105 per failure(formerly $1,087). Review this annually.
Form 5500. Failure or refusal to file an annual report (Form 5500) with the DOL is subject to a penalty of up to $2,097 per day (formerly $2,063). Daily violations can add up quickly.
OSH Act Posting. Violations of the OSH Act's posting requirement are subject to a maximum penalty of $12,675 for each violation (formerly $12,471). This is a big penalty for not posting correctly.
For more information about these changes and more, check out the following document from the US Government Publishing Office:https://www.gpo.gov/fdsys/pkg/FR-2017-01-18/pdf/2017-00614.pdf
Special thanks to Matthew Burr from Burr Consulting, LLC for providing this information. For more, visit his blog, What's New in HR?