# Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2023

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-00271

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** January 13, 2023
- **Citation:** 88 FR 2210

## Text

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.
1

1
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.
2

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.

2
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.
3

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:

3
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.

(c) * * *

(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

61
173

62
186

63
203

64
220

65
238

66
258

67
280

68
302

69
328

70
354

71
385

72
418

73
453

74
488

75
530

76
576

77
621

78
674

79
731

80
792

81
858

82
927

83
1,006

84
1,089

85
1,182

86
1,280

87
1,385

88
1,501

89
1,626

90
1,762

91
1,908

92
2,065

93
2,238

94
2,425

95
2,627

96
2,846

97
3,080

98
3,340

99
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
Employee Retirement Income Security Act
Section 209(b): Per plan year for failure to furnish reports (e.g., pension benefit statements) to certain former employees or maintain employee records each employee a separate violation
29 CFR 2575.1-3

$33

$36.

EBSA
Employee Retirement Income Security Act
Section 502(c)(2)—Per day for failure/refusal to properly file plan annual report
29 CFR 2575.1-3

$2,400

$2,586.

EBSA
Employee Retirement Income Security Act
Section 502(c)(4)—Per day for failure to disclose certain documents upon request under Section 101(k) and (l); failure to furnish notices under Sections 101(j) and 514(e)(3)—each statutory recipient a separate violation
29 CFR 2575.1-3

$1,899

$2,046.

EBSA
Employee Retirement Income Security Act
Section 502(c)(5)—Per day for each failure to file annual report for Multiple Employer Welfare Arrangements (MEWAs) under Section 101(g)
29 CFR 2575.1-3

$1,746

$1,881.

EBSA
Employee Retirement Income Security Act
Section 502(c)(6)—Per day for each failure to provide Secretary of Labor requested documentation not to exceed a per-request maximum
29 CFR 2575.1-3

$171 per day, not to exceed $1,713 per request

$184 per day, not to exceed $1,846 per request.

EBSA
Employee Retirement Income Security Act
Section 502(c)(7)—Per day for each failure to provide notices of blackout periods and of right to divest employer securities—each statutory recipient a separate violation
29 CFR 2575.1-3

$152

$164.

EBSA
Employee Retirement Income Security Act
Section 502(c)(8)—Per each failure by an endangered status multiemployer plan to adopt a funding improvement plan or meet benchmarks; or failure of a critical status multiemployer plan to adopt a rehabilitation plan
29 CFR 2575.1-3

$1,507

$1,624.

EBSA
Employee Retirement Income Security Act
Section 502(c)(9)(A)—Per day for each failure by an employer to inform employees of CHIP coverage opportunities under Section 701(f)(3)(B)(i)(l)—each employee a separate violation
29 CFR 2575.1-3

$127

$137.

EBSA
Employee Retirement Income Security Act
Section 502(c)(9)(B)—Per day for each failure by a plan to timely provide to any State information required to be disclosed under Section 701(f)(3)(B)(ii), as added by CHIP regarding coverage coordination—each participant/beneficiary a separate violation
29 CFR 2575.1-3

$127

$137.

EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—Failure by any plan sponsor of group health plan, or any health insurance issuer offering health insurance coverage in connection with the plan, to meet the requirements of Sections 702(a)(1)(F), (b)(3), (c) or (d); or Section 701; or Section 702(b)(1) with respect to genetic information—daily per participant and beneficiary during non-compliance period
29 CFR 2575.1-3

$127

$137.

EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—uncorrected de minimis violation
29 CFR 2575.1-3
3,192

3,439

EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—uncorrected violations that are not de minimis
29 CFR 2575.1-3
19,157

20,641

EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—unintentional failure maximum cap
29 CFR 2575.1-3

$638,556

$688,012.

EBSA
Employee Retirement Income Security Act
Section 502(c)(12)—Per day for each failure of a CSEC plan in restoration status to adopt a restoration plan
29 CFR 2575.1-3

$117

$126.

EBSA
Employee Retirement Income Security Act
Section 502(m)—Failure of fiduciary to make a proper distribution from a defined benefit plan under section 206(e) of ERISA
29 CFR 2575.1-3

$18,500

$19,933.

EBSA
Employee Retirement Income Security Act
Failure to provide Summary of Benefits Coverage under PHS Act section 2715(f), as incorporated in ERISA section 715 and 29 CFR 2590.715-2715(e)
29 CFR 2575.1-3

$1,264

$1,362.

OSHA
Occupational Safety and Health Act
Serious Violation
29 CFR 1903.15(d)(3)

$14,502

$15,625.

OSHA
Occupational Safety and Health Act
Other-Than-Serious
29 CFR 1903.15(d)(4)

$14,502

$15,625.

OSHA
Occupational Safety and Health Act
Willful
29 CFR 1903.15(d)(1)
10,360
$145,027
11,162
$156,259.

OSHA
Occupational Safety and Health Act
Repeated
29 CFR 1903.15(d)(2)

$145,027

$156,259.

OSHA
Occupational Safety and Health Act
Posting Requirement
29 CFR 1903.15(d)(6)

$14,502

$15,625.

OSHA
Occupational Safety and Health Act
Failure to Abate
29 CFR 1903.15(d)(5)

$14,502 per day

$15,625 per day.

WHD
Family and Medical Leave Act
FMLA
29 CFR 825.300(a)(1)

$189

$204.

WHD
Fair Labor Standards Act
FLSA
29 CFR 578.3(a)(1)

$1,234

$1,330.

WHD
Fair Labor Standards Act
FLSA
29 CFR 578.3(a)(2)

$2,203

$2,374.

WHD
Fair Labor Standards Act
Child Labor
29 CFR 579.1(a)(2)(i)

$2,203

$2,374.

WHD
Fair Labor Standards Act
Child Labor
29 CFR 579.1(a)(2)(ii)

$1,234

$1,330.

WHD
Fair Labor Standards Act
Child Labor
29 CFR 570.140(b)(1)

$14,050

$15,138.

WHD
Fair Labor Standards Act
Child Labor
29 CFR 579.1(a)(1)(i)(A)

$14,050

$15,138.

WHD
Fair Labor Standards Act
Child Labor that causes serious injury or death
29 CFR 570.140(b)(2)

$63,855

$68,801.

WHD
Fair Labor Standards Act
Child Labor that causes serious injury or death
29 CFR 579.1(a)(1)(i)(B)

$63,855

$68,801.

WHD
Fair Labor Standards Act
Child Labor willful or repeated that causes serious injury or death (penalty amount doubled)
29 CFR 570.140(b)(2); 29 CFR 579.1(a)(1)(i)(B) Doubled

$127,710

$137,602.

WHD
Migrant and Seasonal Agricultural Worker Protection Act
MSPA
29 CFR 500.1(e)

$2,739

$2,951.

WHD
Immigration & Nationality Act
H1B
20 CFR 655.810(b)(1)

$2,072

$2,232.

WHD
Immigration & Nationality Act
H1B retaliation
20 CFR 655.801(b)

$8,433

$9,086.

WHD
Immigration & Nationality Act
H1B willful or discrimination
20 CFR 655.810(b)(2)

$8,433

$9,086.

WHD
Immigration & Nationality Act
H1B willful that resulted in displacement of a US worker
20 CFR 655.810(b)(3)

$59,028

$63,600.

WHD
Immigration & Nationality Act
D-1
20 CFR 655.620(a)

$10,360

$11,162.

WHD
Contract Work Hours and Safety Standards Act
CWHSSA
29 CFR 5.5(b)(2)

$29

$31.

WHD
Contract Work Hours and Safety Standards Act
CWHSSA
29 CFR 5.8(a)

$29

$31.

WHD
Walsh-Healey Public Contracts Act
Walsh-Healey
41 CFR 50-201.3(e)

$29

$31.

WHD
Employee Polygraph Protection Act
EPPA
29 CFR 801.42(a)

$23,011

$24,793.

WHD
Immigration & Nationality Act
H2A
29 CFR 501.19(c)

$1,898

$2,045.

WHD
Immigration & Nationality Act
H2A willful or discrimination
29 CFR 501.19(c)(1)

$6,386

$6,881.

WHD
Immigration & Nationality Act
H2A Safety or health resulting in serious injury or death
29 CFR 501.19(c)(2)

$63,232

$68,129.

WHD
Immigration & Nationality Act
H2A willful or repeated safety or health resulting in serious injury or death
29 CFR 501.19(c)(4)

$126,463

$136,258.

WHD
Immigration & Nationality Act
H2A failing to cooperate in an investigation
29 CFR 501.19(d)

$6,386

$6,881.

WHD
Immigration & Nationality Act
H2A displacing a US worker
29 CFR 501.19(e)

$18,970

$20,439.

WHD
Immigration & Nationality Act
H2A improperly rejecting a US worker
29 CFR 501.19(f)

$18,970

$20,439.

WHD
Immigration & Nationality Act
H-2B
29 CFR 503.23(b)

$13,885

$14,960.

WHD
Immigration & Nationality Act
H-2B
29 CFR 503.23(c)

$13,885

$14,960.

WHD
Immigration & Nationality Act
H-2B
29 CFR 503.23(d)

$13,885

$14,960.

WHD
Fair Labor Standards Act
Home Worker
29 CFR 530.302(a)

$1,151

$1,240.

WHD
Fair Labor Standards Act
Home Worker
29 CFR 530.302(b)
22
$1,151
24
$1,240.

WHD
United States-Mexico-Canada Agreement Implementation Act
Whistleblower
29 CFR 810.800(c)(3)(i)

$53,111

$57,224.

OWCP
Longshore and Harbor Workers' Compensation Act
Failure to file first report of injury or filing a false statement or misrepresentation in first report
20 CFR 702.204

$26,269

$28,304.

OWCP
Longshore and Harbor Workers' Compensation Act
Failure to report termination of payments
20 CFR 702.236

$320

$345.

OWCP
Longshore and Harbor Workers' Compensation Act
Discrimination against employees who claim compensation or testify in a LHWCA proceeding
20 CFR 702.271(a)(2)
2,627
$13,132
2,830
$14,149.

OWCP
Black Lung Benefits Act
Failure to report termination of payments
20 CFR 725.621(d)

$1,600

$1,724.

OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with fewer than 25 employees
20 CFR 726.302(c)(2)(i)
157

169

OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with 25-50 employees
20 CFR 726.302(c)(2)(i)
311

335

OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with 51-100 employees
20 CFR 726.302(c)(2)(i)
468

504

OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with more than 100 employees
20 CFR 726.302(c)(2)(i)
622

670

OWCP
Black Lung Benefits Act
Failure to secure payment of benefits after 10th day of notice
20 CFR 726.302(c)(4)
157

169

OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for repeat offenders
20 CFR 726.302(c)(5)
468

504

OWCP
Black Lung Benefits Act
Failure to secure payment of benefits
20 CFR 726.302(c)(5)

$3,198

$3,446.

[FR Doc. 2023-00271 Filed 1-12-23; 8:45 am]
BILLING CODE 4510-HL-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-00271. Public record. Not legal advice.