Several federal agencies released final rules, announcing increased amounts for 2023.

Employee Retirement Income Security Act (ERISA)

  • Failing to furnish reports to certain former employees or maintain employee records: maximum penalty is $36 per employee per plan year.
  • Failing to file a plan annual report: up to $2,586 per day.
  • Failing to provide requested documentation to the Secretary of Labor: $184 per day, capped at $1,846 per request.

Occupational Safety and Health Administration (OSHA)

  • For a serious or other-than-serious violation: maximum penalty of $15,625.
  • For repeated violations under OSHA: maximum penalty of $156,259.
  • Not meeting posting requirements: maximum penalty of $15,625.
  • Failure to correct a problem: potential penalty of $15,625 per day.

Family and Medical Leave Act (FMLA)

  • Failure to prominently display a poster: penalty of $204.

Fair Labor Standards Act (FLSA)

  • Failure to follow the requirements of tip regulations: $1,330.
  • Repeated or willful violations of the minimum wage and overtime provisions of the FLSA: $2,374.
  • Child labor violations: maximum penalty of $15,138.
  • Child labor violations that cause serious injury or death: $68,801, doubled to $137,602 if the injury or death was caused by willful or repeated violations.

The Immigration Reform and Control Act (IRCA)

  • For the unlawful employment of aliens, first order: minimum penalty is $676 and maximum is $5,404.
  • For the unlawful employment of aliens, second order: minimum penalty is $5,404 and maximum is $13,508.
  • For the unlawful employment of aliens, subsequent order: minimum penalty is $8,106, capped at $27,018.
  • Paperwork violations: minimum is $272 and maximum is $2,701.
  • Failure to notify an individual that you’ve received a final nonconfirmation regarding their employment eligibility: penalties range from $942 to $1,881 per individual.