Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2023

Federal RegisterJan 13, 2023

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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

Office of Workers' Compensation Programs

20 CFR Parts 702, 725, and 726

Office of the Secretary

29 CFR Part 5

41 CFR Part 50-201

Wage and Hour Division

29 CFR Parts 500, 501, 503, 530, 570, 578, 579, 801, 810, and 825

Occupational Safety and Health Administration

29 CFR Part 1903

Mine Safety and Health Administration

30 CFR Part 100

RIN 1290-AA46

Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2023

AGENCY:

Employment and Training Administration, Office of Workers' Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, and Mine Safety and Health Administration, Department of Labor.

ACTION:

Final rule.

SUMMARY:

The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, 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 money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2023 annual adjustments for inflation to its civil monetary penalties.

DATES:

This final rule is effective on January 15, 2023. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 15, 2023.

FOR FURTHER INFORMATION CONTACT:

Erin FitzGerald, Senior Policy Advisor, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693-5076 (this is not a toll-free number). Copies of this final rule may be obtained in alternative formats (large print, Braille, audio tape or disc), upon request, by calling (202) 693-5959 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-5627 to obtain information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION:

Preamble Table of Contents

I. Background

II. Adjustment for 2023

III. Paperwork Reduction Act

IV. Administrative Procedure Act

V. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

VI. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act

VII. Other Regulatory Considerations

A. The Unfunded Mandates Reform Act of 1995

B. Executive Order 13132: Federalism

C. Executive Order 13175: Indian Tribal Governments

D. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families

E. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

F. Environmental Impact Assessment

G. Executive Order 13211: Energy Supply

H. Executive Order 12630: Constitutionally Protected Property Rights

I. Executive Order 12988: Civil Justice Reform Analysis

I. Background

On November 2, 2015, Congress enacted the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, sec. 701 (Inflation Adjustment Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 as previously amended by the 1996 Debt Collection Improvement Act (collectively, the “Prior Inflation Adjustment Act”), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The Inflation Adjustment Act required agencies to (1) adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule (IFR); and (2) make subsequent annual adjustments for inflation no later than January 15 of each year.

On July 1, 2016, the Department published an IFR that established the initial catch-up adjustment for most civil penalties that the Department administers and requested comments.

See

81 FR 43430 (DOL IFR). On January 18, 2017, the Department published the final rule establishing the 2017 Annual Adjustment for those civil monetary penalties adjusted in the DOL IFR.

See

82 FR 5373 (DOL 2017 Annual Adjustment). On July 1, 2016, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) (collectively, “the Departments”) jointly published an IFR that established the initial catch-up adjustment for civil monetary penalties assessed or enforced in connection with the employment of temporary nonimmigrant workers under the H-2B program.

See

81 FR 42983 (Joint IFR). On March 17, 2017, the Departments jointly published the final rule establishing the 2017 Annual Adjustment for the H-2B civil monetary penalties.

See

82 FR 14147 (Joint 2017 Annual Adjustment). The Joint 2017 Annual Adjustment also explained that DOL would make future adjustments to the H-2B civil monetary penalties consistent with DOL's delegated authority under 8 U.S.C. 1184(c)(14), Immigration and Nationality Act section 214(c)(14), and the Inflation Adjustment Act.

See

82 FR 14147-48. On January 2, 2018, the Department published the final rule establishing the 2018 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties.

See

83 FR 7 (DOL 2018 Annual Adjustment). On January 23, 2019, the Department published the final rule establishing the 2019 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties.

See

84 FR 213 (DOL 2019 Annual Adjustment). On January 15, 2020, the Department published the final rule establishing the 2020 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties.

See

85 FR 2292 (DOL 2020 Annual Adjustment). On January 14, 2021, the Department published the final rule establishing the 2021 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties.

See

86 FR 2964 (DOL 2021 Annual Adjustment). On January 14, 2022, the Department published the final rule establishing the 2022 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties.

See

87 FR 2328 (DOL 2022 Annual Adjustment). The DOL 2022 Annual Adjustment also included the first annual adjustments for a newly enacted civil monetary penalty regarding retention of tips under the Fair Labor Standards Act (FLSA) and a newly established civil monetary penalty regarding whistleblower protections under the high-wage components of the labor value content requirements of the United States-Mexico-Canada Agreement Implementation Act (USMCA).

This rule implements the 2023 annual inflation adjustments, as required by the Inflation Adjustment Act, for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. The Inflation Adjustment Act provides that the increased penalty levels apply to any penalties assessed after the effective date of the increase. Pursuant to the Inflation Adjustment Act, this final rule is published notwithstanding Section 553 of the APA.

This rule is not significant under Executive Order 12866.

Pursuant to the Congressional Review Act (5 U.S.C. 801

et seq.

), the Office of Information and Regulatory Affairs designated this rule as not a `major rule,' as defined by 5 U.S.C. 804(2).

II. Adjustment for 2023

The Department has undertaken a thorough review of civil penalties administered by its various components pursuant to the Inflation Adjustment Act and in accordance with guidance issued by the Office of Management and Budget.

M-23-05, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2022).

The Department first identified the most recent penalty amount, which is the amount established by the 2022

annual adjustment as set forth in the DOL 2022 Annual Adjustment published on January 14, 2022.

The Department is required to calculate the annual adjustment based on the Consumer Price Index for all Urban Consumers (CPI-U). Annual inflation adjustments are based on the percent change between the October CPI-U preceding the date of the adjustment, and the prior year's October CPI-U; in this case, the percent change between the October 2022 CPI-U and the October 2021 CPI-U. The cost-of-living adjustment multiplier for 2023, based on the Consumer Price Index (CPI-U) for the month of October 2022, not seasonally adjusted, is 1.07745.

In order to compute the 2023 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.07745, and rounded to the nearest dollar.

OMB provided the year-over-year multiplier, rounded to 5 decimal points.

Id.

at 1.

As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after the effective date of this rule.

Accordingly, for penalties assessed after January 15, 2023, whose associated violations occurred after the applicable dates listed below, the higher penalty amounts outlined in this rule will apply. The tables below demonstrate the penalty amounts that apply:

Appendix 1 consists of a table that provides ready access to key information about each penalty.

Civil Monetary Penalties for Violations of Section 3(m)(2)(B) of the FLSA (Tips)

Violations occurring

Penalty assessed

Which penalty level applies

After March 23, 2018

After March 23, 2018 but on or before November 23, 2021

Consolidated Appropriations Act of 2018 amount.

After March 23, 2018

After November 23, 2021 but on or before January 15, 2022

November 23, 2021 level.

After March 23, 2018

After January 15, 2022 but on or before January 15, 2023

January 15, 2022 level.

After March 23, 2018

After January 15, 2023

January 15, 2023 level.

Civil Monetary Penalties for USMCA Violations

Violations occurring

Penalty assessed

Which penalty level applies

After July 1, 2020

After July 1, 2020 but on or before January 15, 2022

2020 USMCA IFR amount.

After July 1, 2020

After January 15, 2022 but on or before January 15, 2023

January 15, 2022 level.

After July 1, 2020

After January 15, 2023

January 15, 2023 level.

Civil Monetary Penalties for the H-2B Temporary Non-Agricultural Worker Program

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 March 17, 2017

August 1, 2016 levels.

After November 2, 2015

After March 17, 2017 but on or before January 2, 2018

March 17, 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 but on or before January 15, 2022

January 15, 2021 levels.

After November 2, 2015

After January 15, 2022 but on or before January 15, 2023

January 15, 2022 levels.

After November 2, 2015

After January 15, 2023

January 15, 2023 levels.

Civil Monetary Penalties for Other DOL Programs

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 but on or before January 15, 2022

January 15, 2021 levels.

After November 2, 2015

After January 15, 2022 but on or before January 15, 2023

January 15, 2022 levels.

After November 2, 2015

After January 15, 2023

January 15, 2023 levels.

III. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the Department consider the impact of paperwork and other information collection burdens imposed on the public. The Department has determined that this final rule does not require any collection of information.

IV. Administrative Procedure Act

The Inflation Adjustment Act provides that agencies shall annually adjust civil monetary penalties for inflation notwithstanding section 553 of the APA. Additionally, the Inflation Adjustment Act provides a nondiscretionary cost-of-living formula for annual adjustment of the civil monetary penalties. For these reasons, the requirements in sections 553(b), (c), and (d) of the APA, relating to notice and comment and requiring that a rule be effective 30 days after publication in the

Federal Register

, are inapplicable.

V. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

Executive Order 12866 requires that regulatory agencies assess both the costs and benefits of significant regulatory actions. Under the Executive Order, a “significant regulatory action” is one meeting any of a number of specified conditions, including the following: having an annual effect on the economy of $100 million or more; creating a serious inconsistency or interfering with an action of another agency; materially altering the budgetary impact of entitlements or the rights of entitlement recipients; or raising novel legal or policy issues.

The Department has determined that this final rule is not a “significant” regulatory action and a cost-benefit and economic analysis is not required. This regulation merely adjusts civil monetary penalties in accordance with inflation as required by the Inflation Adjustment Act, and has no impact on disclosure or compliance costs. The benefit provided by the inflationary adjustment to the maximum civil monetary penalties is that of maintaining the incentive for the regulated community to comply with the laws enforced by the Department, and not allowing the incentive to be diminished by inflation.

Executive Order 13563 directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility to minimize burden.

The Inflation Adjustment Act directed the Department to issue the annual adjustments without regard to section 553 of the APA. In that context, Congress has already determined that any possible increase in costs is justified by the overall benefits of such adjustments. This final rule makes only the statutory changes outlined herein; thus there are no alternatives or further analysis required by Executive Order 13563.

VI. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act

The Regulatory Flexibility Act, 5 U.S.C. 601

et seq.

(RFA), imposes certain requirements on Federal agency rules that are subject to the notice and comment requirements of the APA, 5 U.S.C. 553(b). This final rule is exempt from the requirements of the APA because the Inflation Adjustment Act directed the Department to issue the annual adjustments without regard to section 553 of the APA. Therefore, the requirements of the RFA applicable to notices of proposed rulemaking, 5 U.S.C. 603, do not apply to this rule. Accordingly, the Department is not required to either certify that the final rule would not have a significant economic impact on a substantial number of small entities or conduct a regulatory flexibility analysis.

VII. Other Regulatory Considerations

A. The Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a state, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This Final Rule will not result in such an expenditure. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

B. Executive Order 13132: Federalism

Section 18 of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 667) requires Occupational Safety and Health Administration (OSHA)-approved State Plans to have standards and an enforcement program that are at least as effective as Federal OSHA's standards and enforcement program. OSHA-approved State Plans must have maximum and minimum penalty levels that are at least as effective as Federal OSHA's, per section 18(c)(2) of the OSH Act.

See also

29 CFR 1902.4(c)(2)(xi); 1902.37(b)(12). State Plans are required to increase their penalties in alignment with OSHA's penalty increases to maintain at least as effective penalty levels.

State Plans are not required to impose monetary penalties on state and local government employers.

See

§ 1956.11(c)(2)(x). Six (6) states and one territory have State Plans that cover only state and local government employees: Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the Virgin Islands. Therefore, the requirements to increase the penalty levels do not apply to these State Plans. Twenty-one states and one U.S. territory have State Plans that cover both private sector employees and state and local government employees: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. They must increase their penalties for private-sector employers.

Other than as listed above, this final rule does not have federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Accordingly, Executive Order 13132, Federalism, requires no further agency action or analysis.

C. Executive Order 13175: Indian Tribal Governments

This final rule does not have “tribal implications” because it does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Accordingly, Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, requires no further agency action or analysis.

List of Subjects

20 CFR Part 655

Immigration, Labor, Penalties.

20 CFR Part 702

Administrative practice and procedure, Longshore and harbor workers, Penalties, Reporting and recordkeeping requirements, Workers' compensation.

20 CFR Part 725

Administrative practice and procedure, Black lung benefits, Coal

miners, Penalties, Reporting and recordkeeping requirements.

20 CFR Part 726

Administrative practice and procedure, Black lung benefits, Coal miners, Mines, Penalties.

29 CFR Part 5

Administrative practice and procedure, Construction industry, Employee benefit plans, Government contracts, Law enforcement, Minimum wages, Penalties, Reporting and recordkeeping requirements.

29 CFR Part 500

Administrative practice and procedure, Aliens, Housing, Insurance, Intergovernmental relations, Investigations, Migrant labor, Motor vehicle safety, Occupational safety and health, Penalties, Reporting and recordkeeping requirements, Wages, Whistleblowing.

29 CFR Part 501

Administrative practice and procedure, Agriculture, Aliens, Employment, Housing, Housing standards, Immigration, Labor, Migrant labor, Penalties, Transportation, Wages.

29 CFR Part 503

Administrative practice and procedure, Aliens, Employment, Housing, Immigration, Labor, Penalties, Transportation, Wages.

29 CFR Part 530

Administrative practice and procedure, Clothing, Homeworkers, Indians—arts and crafts, Penalties, Reporting and recordkeeping requirements, Surety bonds, Watches and jewelry.

29 CFR Part 570

Child labor, Law enforcement, Penalties.

29 CFR Part 578

Penalties, Wages.

29 CFR Part 579

Child labor, Penalties.

29 CFR Part 801

Administrative practice and procedure, Employment, Lie detector tests, Penalties, Reporting and recordkeeping requirements.

29 CFR Part 810

Labor, Wages, Hours of work, Trade agreement, Motor vehicle, Tariffs, Imports, Whistleblowing.

29 CFR Part 825

Administrative practice and procedure, Airmen, Employee benefit plans, Health, Health insurance, Labor management relations, Maternal and child health, Penalties, Reporting and recordkeeping requirements, Teachers.

29 CFR Part 1903

Intergovernmental relations, Law enforcement, Occupational Safety and Health, Penalties.

30 CFR Part 100

Mine safety and health, Penalties.

41 CFR Part 50-201

Child labor, Government procurement, Minimum wages, Occupational safety and health, Reporting and recordkeeping requirements.

For the reasons set out in the preamble, 20 CFR chapters VI and VII, 29 CFR subtitle A and chapters V, XVII, and XXV, 30 CFR chapter I, and 41 CFR chapter 50 are amended as follows.

DEPARTMENT OF LABOR

Employment and Training Administration

Title 20—Employees' Benefits

PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES

1. The authority citation for part 655 continues to read as follows:

Authority:

Section 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102- 232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat. 2135, as amended; Pub. L. 109-423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); and 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115-128, 132 Stat. 1547 (48 U.S.C. 1806).

Subpart A issued under 8 CFR 214.2(h).

Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 CFR 214.2(h).

Subpart E issued under 48 U.S.C. 1806

Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note, Pub. L. 114-74 at section 701.

Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and (b)(1), 1182(n), and (t), and 1184(g) and (j); sec. 303(a)(8), Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), Pub. L. 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 note, Pub. L. 114-74 at section 701.

Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).

§§ 655.620, 655.801, and 655.810

[Amended]

2. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount indicated in the right column.

Paragraph

Remove

Add

§ 655.620(a)

$10,360

$11,162

§ 655.801(b)

8,433

9,086

§ 655.810(b)(1) introductory text

2,072

2,232

§ 655.810(b)(2) introductory text

8,433

9,086

§ 655.810(b)(3) introductory text

59,028

63,600

DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

PART 702—ADMINISTRATION AND PROCEDURE

3. The authority citation for part 702 continues to read as follows:

Authority:

5 U.S.C. 301, and 8171

et seq.;

33 U.S.C. 901

et seq.;

42 U.S.C. 1651

et seq.;

43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

§§ 702.204, 702.236, and 702.271

[Amended]

4. In the following table, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the section or paragraph and add in its place the dollar amount or date indicated in the right column.

Section/paragraph

Remove

Add

§ 702.204

$26,269

$28,304.

§ 702.204

January 15, 2022

January 15, 2023.

§ 702.236

$320

$345.

§ 702.236

January 15, 2022

January 15, 2023.

§ 702.271(a)(2)

January 15, 2022

January 15, 2023.

§ 702.271(a)(2)

$2,627

$2,830.

§ 702.271(a)(2)

$13,132

$14,149.

PART 725—CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED

5. The authority citation for part 725 continues to read as follows:

Authority:

5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901

et seq.,

902(f), 921, 932, 936; 33 U.S.C. 901

et seq.;

42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.

§ 725.621

[Amended]

6. In § 725.621, amend paragraph (d) by removing “January 15, 2022” and adding in its place “January 15, 2023” and by removing “$1,600” and adding in its place “$1,724”.

PART 726—BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S INSURANCE

7. The authority citation for part 726 continues to read as follows:

Authority:

5 U.S.C. 301; 30 U.S.C. 901

et seq.,

902(f), 925, 932, 933, 934, 936; 33 U.S.C. 901

et seq.;

28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-2009, 74 FR 58834.

8. In § 726.302:

a. In paragraph (c)(2)(i) introductory text, remove “January 15, 2022” and add “January 15, 2023” in its place;

b. Revise the table following paragraph (c)(2)(i); and

c. In the following table, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount or date indicated in the right column.

Paragraph

Remove

Add

(c)(4)

January 15, 2022

January 15, 2023.

(c)(4)

$157

$169.

(c)(5)

January 15, 2022

January 15, 2023.

(c)(5)

$468

$504.

(c)(6)

January 15, 2022

January 15, 2023.

(c)(6)

$3,198

$3,446.

The revision reads as follows:

§ 726.302

Determination of penalty.

(2) * * *

(i) * * *

Table 1 to Paragraph

(c)(2)(i)

Employees

Penalty

(per day)

Less than 25

$169

25-50

335

51-199

504

More than 100

670

DEPARTMENT OF LABOR

Wage and Hour Division

Title 29—Labor

PART 5—LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)

9. The authority citation for part 5 is revised to read as follows:

Authority:

5 U.S.C. 301; R.S. 161, 64 Stat. 1267; Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 40 U.S.C. 3141

et seq.;

40 U.S.C. 3145; 40 U.S.C. 3148; 40 U.S.C. 3701

et seq.;

and the laws listed in 5.1(a) of this part; Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.

§ 5.5

[Amended]

10. In § 5.5, amend paragraph (b)(2) by removing “$29” and adding in its place “$31”.

§ 5.8

[Amended]

11. In § 5.8, amend paragraph (a) by removing “$29” and adding in its place “$31”.

PART 500—MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

12. The authority citation for part 500 continues to read as follows:

Authority:

Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74, 129 Stat 584.

§ 500.1

[Amended]

13. In § 500.1, amend paragraph (e) by removing “$2,739” and adding in its place “$2,951”.

PART 501—ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT

14. The authority citation for part 501 continues to read as follows:

Authority:

8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 note; and sec. 701, Pub. L. 114-74, 129 Stat. 584.

§ 501.19

[Amended]

15. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount indicated in the right column.

Paragraph

Remove

Add

§ 501.19(c) introductory text

$1,898

$2,045

§ 501.19(c)(1)

6,386

6,881

§ 501.19(c)(2)

63,232

68,129

§ 501.19(c)(3)

126,463

136,258

§ 501.19(d)

6,386

6,881

§ 501.19(e)

18,970

20,439

§ 501.19(f)

18,970

20,439

PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT

16. The authority citation for part 503 is revised to read as follows:

Authority:

8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C. 1184; 8 CFR 214.2(h); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701.

§ 503.23

[Amended]

17. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph, and add in its place the dollar amount indicated in the right column:

Paragraph

Remove

Add

§ 503.23(b)

$13,885

$14,960

§ 503.23(c)

13,885

14,960

§ 503.23(d)

13,885

14,960

PART 530—EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES

18. The authority citation for part 530 is revised to read as follows:

Authority:

Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat. 584.

19. In § 530.302:

a. Amend paragraph (a) by removing “$1,151” and adding in its place “$1,240;” and

b. Revise paragraph (b).

The revision reads as follows:

§ 530.302

Amounts of civil penalties.

(b) The amount of civil money penalties shall be determined per affected homeworker within the limits set forth in the following schedule, except that no penalty shall be assessed in the case of violations which are deemed to be

de minimis

in nature:

Table 1 to Paragraph

(b)

Nature of violation

Penalty per affected homeworker

Minor

Substantial

Repeated

intentional

or knowing

Recordkeeping

$24-249

$249-496

$496-1,240

Monetary violations

24-249

249-496

Employment of homeworkers without a certificate

249-496

496-1,240

Other violations of statutes, regulations or employer assurances

24-249

249-496

496-1,240

PART 570—CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION

Subpart G—General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended

20. The authority citation for subpart G of part 570 is revised to read as follows:

Authority:

52 Stat. 1060-1069, as amended; 29 U.S.C. 201-219; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701.

§ 570.140

[Amended]

21. In § 570.140, amend paragraph (b)(1) by removing “$14,050” and adding in its place “$15,138” and paragraph (b)(2) by removing “$63,855” and adding in its place “$68,801”.

PART 578—TIP RETENTION, MINIMUM WAGE, AND OVERTIME VIOLATIONS—CIVIL MONEY PENALTIES

22. The authority citation for part 578 continues to read as follows:

Authority:

29 U.S.C. 216(e), as amended by sec. 9, Pub. L. 101-157, 103 Stat. 938, sec. 3103, Pub. L. 101-508, 104 Stat. 1388-29, sec. 302(a), Pub. L. 110-233, 122 Stat. 920, and sec. 1201, Div. S., Tit. XII, Pub. L. 115-141, 132 Stat. 348; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note), as amended by sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-358, 1321-373, and sec. 701, Pub. L. 114-74, 129 Stat. 584.

§ 578.3

[Amended]

23. In § 578.3, amend paragraph (a)(1) by removing “$1,234” and adding in its place “$1,330” and paragraph (a)(2) by removing “$2,203” and adding in its place “$2,374”.

PART 579—CHILD LABOR VIOLATIONS—CIVIL MONEY PENALTIES

24. The authority citation for part 579 continues to read as follows:

Authority:

29 U.S.C. 203(m), (l), 211, 212, 213(c), 216; Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat. 72, 76; Secretary of Labor's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 Note.

§ 579.1

[Amended]

25. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount indicated in the right column.

Paragraph

Remove

Add

§ 579.1(a)(1)(i)(A)

$14,050

$15,138

§ 579.1(a)(1)(i)(B)

63,855

68,801

§ 579.1(a)(2)(i)

2,203

2,374

§ 579.1(a)(2)(ii)

1,234

1,330

PART 801—APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988

26. The authority citation for part 801 is revised to read as follows:

Authority:

Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.

§ 801.42

[Amended]

27. In § 801.42, amend paragraph (a) introductory text by removing “$23,011” and adding in its place “$24,793”.

PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT

28. The authority citation for part 810 is revised to read as follows:

Authority:

19 U.S.C. 1508(b)(4) and 19 U.S.C. 4535(b); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701.

§ 810.800

[Amended]

29. In § 810.800, amend paragraph (c)(3)(i) by removing “$53,111” and adding in its place “$57,224”.

PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993

30. The authority citation for part 825 is revised to read as follows:

Authority:

29 U.S.C. 2654; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701.

§ 825.300

[Amended]

31. In § 825.300, amend paragraph (a)(1) by removing “$189” and adding in its place “$204”.

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Title 29—Labor

PART 1903—INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES

32. The authority citation for part 1903 continues to read as follows:

Authority:

Secs. 8 and 9 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 658); 5 U.S.C. 553; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Section 701, Pub. L. 114-74; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

§ 1903.15

[Amended]

33. In the following table, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount or date indicated in the right column.

Paragraph

Remove

Add

§ 1903.15(d) introductory text

January 15, 2022

January 15, 2023.

§ 1903.15(d)(1)

$10,360

$11,162.

§ 1903.15(d)(1)

$145,027

$156,259.

§ 1903.15(d)(2)

$145,027

$156,259.

§ 1903.15(d)(3)

$14,502

$15,625.

§ 1903.15(d)(4)

$14,502

$15,625.

§ 1903.15(d)(5)

$14,502

$15,625.

§ 1903.15(d)(6)

$14,502

$15,625.

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Title 30—Mineral Resources

PART 100—CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES

34. The authority citation for part 100 is revised to read as follows:

Authority:

5 U.S.C. 301; 30 U.S.C. 815, 820, 957; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701.

35. In § 100.3, amend paragraph (a)(1) introductory text by removing “$79,428” and adding in its place “$85,580” and by revising table 14 to paragraph (g).

The revision reads as follows:

§ 100.3

Determination of penalty amount; regular assessment.

(g) * * *

Table 14 to Paragraph

(g)

—Penalty Conversion Table

Points

Penalty

($)

60 or fewer

$159

173

186

203

220

238

258

280

302

328

354

385

418

453

488

530

576

621

674

731

792

858

927

1,006

1,089

1,182

1,280

1,385

1,501

1,626

1,762

1,908

2,065

2,238

2,425

2,627

2,846

3,080

3,340

3,618

100

3,920

101

4,245

102

4,599

103

4,982

104

5,396

105

5,847

106

6,333

107

6,861

108

7,432

109

8,052

110

8,722

111

9,446

112

10,235

113

11,088

114

12,012

115

13,011

116

14,094

117

15,270

118

16,541

119

17,919

120

19,410

121

21,029

122

22,777

123

24,677

124

26,733

125

28,955

126

31,369

127

33,983

128

36,812

129

39,879

130

43,201

131

46,799

132

50,695

133

54,918

134

59,299

135

63,677

136

68,060

137

72,437

138

76,819

139

81,198

140 or more

85,580

§§ 100.4 and 100.5

[Amended]

36. In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph, and add in its place the dollar amount indicated in the right column.

Paragraph

Remove

Add

§ 100.4(a)

$2,648

$2,853

§ 100.4(b)

5,293

5,703

§ 100.4(c) introductory text

6,620

7,133

§ 100.4(c) introductory text

79,428

85,580

§ 100.5(c)

8,605

9,271

§ 100.5(d)

363

391

§ 100.5(e)

291,234

313,790

Title 41—Public Contracts and Property Management

PART 50-201—GENERAL REGULATIONS

37. The authority citation for part 50-201 continues to read as follows:

Authority:

Sec. 4, 49 Stat. 2038; 41 U.S.C. 38. Interpret or apply sec. 6, 49 Stat. 2038, as amended; 41 U.S.C. 40; 108 Stat. 7201; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.

§ 50-201.3

[Amended]

38. In § 50-201.3, amend paragraph (e) by removing “$29” and adding in its place “$31”.

Signed in Washington, DC.

Martin J. Walsh,

Secretary, U.S. Department of Labor.

Note:

The following Appendix will not appear in the Code of Federal Regulations.

Agency

Law

Name/description

CFR citation

2022

Min penalty

(rounded to

nearest dollar)

Max penalty

(rounded to

nearest dollar)

2023

Min penalty

(rounded to

nearest dollar)

Max penalty

(rounded to

nearest dollar)

MSHA

Federal Mine Safety & Health Act of 1977

Regular Assessment

30 CFR 100.3(a)

$79,428

$85,580.

MSHA

Federal Mine Safety & Health Act of 1977

Penalty Conversion Table

30 CFR 100.3(g)

$148

$79,428

$159

$85,580.

MSHA

Federal Mine Safety & Health Act of 1977

Minimum Penalty for any order issued under 104(d)(1) of the Mine Act

30 CFR 100.4(a)

2,648

2,853

MSHA

Federal Mine Safety & Health Act of 1977

Minimum penalty for any order issued under 104(d)(2) of the Mine Act

30 CFR 100.4(b)

5,293

5,703

MSHA

Federal Mine Safety & Health Act of 1977

Penalty for failure to provide timely notification under 103(j) of the Mine Act

30 CFR 100.4(c)

6,620

$79,428

7,133

$85,580.

MSHA

Federal Mine Safety & Health Act of 1977

Any operator who fails to correct a violation for which a citation or order was issued under 104(a) of the Mine Act

30 CFR 100.5(c)

$8,605

$9,271.

MSHA

Federal Mine Safety & Health Act of 1977

Violation of mandatory safety standards related to smoking standards

30 CFR 100.5(d)

$363

$391.

MSHA

Federal Mine Safety & Health Act of 1977

Flagrant violations under 110(b)(2) of the Mine Act

30 CFR 100.5(e)

$291,234

$313,790.

EBSA