DOL Increases Civil Penalty Amounts for 2025

The Department of Labor (DOL) has released its 2025 inflation-adjusted civil monetary penalties that may be assessed on employers for violations of a wide range of federal laws, including: 

• The Fair Labor Standards Act (FLSA);
• The Employee Retirement Income Security Act (ERISA);
• The Family and Medical Leave Act (FMLA); and
• The Occupational Safety and Health Act (OSH Act).

To maintain their deterrent effect, the DOL is required to adjust these penalties for inflation, no later than Jan. 15 of each year. Key penalty increases include the following:

• The maximum penalty for violations of federal minimum wage or overtime requirements increases from $2,451 to $2,515 per violation.
• The maximum penalty for failing to file a Form 5500 for an employee benefit plan increases from $2,670 to $2,739 per day.
• The maximum penalty for violations of the poster requirement under the FMLA increases from $211 to $216 per offense.

Highlights

Annual Updates
The DOL must adjust its civil penalty amounts for inflation each year.

Possible Penalties
The DOL may assess these penalties on employers that violate federal laws that the DOL enforces, such as the FLSA, ERISA, the FMLA and the OSH Act.

Compliance Review
To minimize potential liability, employers should review their compliance with laws enforced by the DOL.

Effective Date

January 15, 2025
The increased amounts apply to civil penalties that are assessed after Jan. 15, 2025 (for violations occurring after Nov. 2, 2015).

Employer Action Steps

Employers should become familiar with the new penalty amounts and review their pay practices, benefit plan administration and safety protocols to ensure compliance with federal requirements.

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