January 13, 2017
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The U.S. Department of Labor (“DOL”) has published final regulations regarding increases for civil money penalties arising from violations of certain employment regulations, such as ERISA, OSHA, FLSA and FMLA. These penalties are adjusted annually based on the Consumer Price Index to account for inflation.
ManagEase reported on the interim regulations when they were published in summer last year; the final regulations now provide the completed adjustments to the penalties. The final regulations are effective as of January 13, 2017. The new rates for penalties will apply to violations as follows:
|When Violation Occurred||When Penalty Assessed||Applicable Penalty Level|
|On or before 11/2/2015||On or before 8/1/2016||Pre-8/1/16 levels|
|On or before 1122015||After 8/1/2016||Pre-8/1/16 levels|
|After 11/2/2015||Between 8/1/2016 and 1/13/2017||8/1/2016 levels (interim regulations)|
|After 11/2/2015||After 1/13/2017||1/13/2017 (final regulations)|
For detailed information on the increases to the civil money penalties, employers can visit the DOL’s dedicated webpage on the inflation adjustments.
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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
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