Check your walls: Labor law poster penalties are going up
Labor law poster penalties are going up under a final rule published January 14, by the Department of Labor (DOL).
The new maximum penalties for violating the following posting requirements are:
- $189 — Family and Medical Leave Act (FMLA)
- $14,502 — Job Safety and Health: It’s the Law (OSHA)
- $23,011 — Employee Polygraph Protection Act (EPPA)
They apply to penalties assessed after January 15.
Annual change
The DOL is required to adjust the maximum posting fines for inflation each year under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
EEOC increase expected
The Equal Employment Opportunity Commission (EEOC) also adjusts a posting fine each year. The agency will be announcing a penalty increase relating to failure to display the Equal Employment Opportunity is the Law posting.
Serious about posting
While an employer would likely only face posting fines for repeatedly violating the law, the fact that federal agencies adjust them each year shows that they take posting compliance seriously.
Additional risks for neglecting labor law posters
An employer who fails to properly display required labor law posters can face an increased risk of being sued by an employee.
When posters aren’t in a visible and conspicuous location, employees don’t get to see important information. They may have additional time to file a lawsuit if they believe their rights have been violated.
Staying in compliance
To comply with labor law posting requirements, businesses need to conspicuously display up-to-date labor law posters in areas where employees are likely to view them.
Posting Penalty Summary
| Posting Name | 2021 fine | 2022 fine |
| Family and Medical Leave Act | $178 | $189 |
| Job Safety and Health: It’s the Law | $13,653 | $14,502 |
| Employee Polygraph Protection Act | $21,663 | $23,011 |
| EEO is the Law | $576 | TBD |
| Total | $36,070 | $37,702* |
| *Note: EEO is the Law increase not yet available | ||
Key to remember
The DOL is increasing maximum penalties by more than $2,000 in 2022, showing that it takes posters seriously.
