The new maximum fine amounts are:
- Family and Medical Leave Act (FMLA): $178
- Job Safety and Health: It’s the Law (OSHA): $13,653
- Employee Polygraph Protection Act (EPPA): $21,663
Federal Penalties and Citations:
- Fair Labor Standards Act: No citations or penalties for failure to post.
- OSHA: Subject to citation and penalty
- FMLA: As noted above.
- Equal Employment Opportunity is the Law (EEO): Appropriate contract sanctions may be imposed for uncorrected violations.
- Pay Transparency Nondiscrimination Provision: Appropriate contract sanctions may be imposed for uncorrected violations.
- Migrant and Seasonal Agricultural Worker Protection Act Notice: A civil penalty may e assessed.
- Employee Rights for Workers with Disabilities Paid at Special Minimum Wage: No citations or penalties for failure to post.
- Polygraph Protection Act Notice: Secretary of Labor can bring court actions and assess civil penalties for failing to post.
- USERRA: No citations or penalties for failure to notify. An individual could ask DOL to investigate and seek compliance or file a private enforcement action to require the employer to provide the notice to employees.
- Employee Rights Under H-2 Program: The Wage and Hour Division of the U.S. Department of Labor has a primary role in investigating and enforcing the terms and conditions of employment. WHD is responsible for enforcing the contractual obligations employers have toward employees, and may assess civil money penalties and recover unpaid wages. Administrative proceedings and/or injunctive actions through federal courts may be instituted to compel compliance with an employer’s contractual obligations to employees. The Employment Training Administration (ETA) enforces other aspects of the laws and regulations. ETA is responsible for administering sanctions relating to substantial violations of the regulations and less than substantial violations of the regulations.
Federal Contractor Requirements:
- Davis-Bacon Act: No citations or penalties for failure to post.
- EEO: Appropriate contract sanctions may be imposed for uncorrected violations.
- Pay Transparency Nondiscrimination Provision: Appropriate contract sanctions may be imposed for uncorrected violations.
- Employee Rights on Government Contracts: No citations or penalties for failure to post.
- Notification of Employee Rights Under Federal Labor Laws: The sanctions, penalties, and remedies for noncompliance with the notice requirements include the suspension or cancellation of the contract and the debarring of Federal contractors from future Federal contracts.
The language in many of the citations and penalties section can vary, as written into the law. This is a low-hanging fruit opportunity for any organization covered by applicable laws and regulations. Ensure all posters both in the place of work and virtually are communicated and clear to the organization. It is guaranteed in every audit I find mistakes on posters. I am happy to work with any organization on labor and employment law poster questions and compliance.
BURR CONSULTING, LLC 