Department of Labor Federal Civil Penalties Inflation Adjustment Act Adjustments for 2020

The U.S. Department of Labor is issuing this final rule to adjust for inflation the amounts of civil monetary penalties assessed or enforced in its regulations,  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 monetary penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies must adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedures Act.  Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties based on the Consumer Price Index for all Urban Consumers.  This final rule sets forth the Department’s 2020 annual adjustments for inflation to its civil monetary penalties, effective January 15, 2020.

Effective Dates for Penalty Levels

    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, 2020 levels.

After November 2, 2015

               After January 15, 2020

                January 15, 2020 levels.