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Department of Labor Federal Civil Penalties Inflation Adjustment Act Adjustments for 2021

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 2021 annual adjustments for inflation to its civil monetary penalties, effective January 15, 2021.

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, 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

January 15, 2021 levels.