February 6, 2025

 

DOL Increases Civil Penalty Amounts for 2025

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

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

To maintain their deterrent effect, the DOL adjusts these penalties for inflation annually, with increases effective January 15, 2025.

Key 2025 Penalty Increases

  • Federal minimum wage or overtime violations (FLSA)
    • 2024: $2,451 per violation
    • 2025: $2,515 per violation
  • Failure to file Form 5500 (ERISA)
    • 2024: $2,670 per day
    • 2025: $2,739 per day
  • Failure to post FMLA required notices
    • 2024: $211 per offense
    • 2025: $216 per offense

Employer Action Steps

Employers should:

  • Review pay practices, benefit plan administration, and safety protocols to ensure compliance.
  • Stay updated on DOL regulations and new penalty amounts to avoid unnecessary fines.
  • Conduct internal audits to identify and correct potential compliance issues.

Effective Date

  • January 15, 2025 – The increased penalties apply to violations assessed after this date, for violations occurring after November 2, 2015.

For more details, see the official Federal Register update:
DOL Civil Penalty Adjustments for 2025


Breakdown of 2025 Penalty Increases

Wage & Hour Violations (FLSA & FMLA)

Violation 2024 Penalty 2025 Penalty
Repeated or willful minimum wage or overtime violations Up to $2,451 per violation Up to $2,515 per violation
Child labor law violations Up to $15,629 per employee Up to $16,035 per employee
Child labor violations causing death or serious injury (under age 18) Up to $71,031 per violation (doubled to $142,602 if willful) Up to $72,876 per violation (doubled to $145,752 if willful)
Failure to post FMLA general notice Up to $211 per offense Up to $216 per offense
Violations of Employee Polygraph Protection Act (EPPA) Up to $25,597 per violation Up to $26,262 per violation

Employee Benefits Violations (ERISA & CHIP)

Violation 2024 Penalty 2025 Penalty
Failure to file Form 5500 (annual report for benefit plans) Up to $2,670 per day Up to $2,739 per day
Failure to file Form M-1 (for multiple employer welfare arrangements – MEWAs) Up to $1,942 per day Up to $1,992 per day
Failure to provide plan documents to the DOL (per request) Up to $190 per day, max $1,906 per request Up to $195 per day, max $1,956 per request
Failure to provide annual CHIP coverage notice Up to $141 per day (per employee) Up to $145 per day (per employee)
401(k) plan: Failure to provide blackout notice Up to $169 per day Up to $173 per day
Failure to provide Summary of Benefits and Coverage (SBC) Up to $1,406 per failure Up to $1,443 per failure

Employee Safety Violations (OSH Act)

Violation 2024 Penalty 2025 Penalty
Posting requirement violation Up to $16,131 per violation Up to $16,550 per violation
Other-than-serious violation Up to $16,131 per violation Up to $16,550 per violation
Serious violation Up to $16,131 per violation Up to $16,550 per violation
Willful violation Between $11,524 and $161,323 per violation Between $11,823 and $165,514 per violation
Uncorrected violation Up to $16,131 per day until resolved Up to $16,550 per day until resolved

Employer Takeaways

  • DOL civil penalties increase annually to account for inflation.
  • Employers must ensure full compliance with FLSA, ERISA, FMLA, and OSH Act regulations.
  • Reviewing pay practices, benefit plan administration, and workplace safety measures is critical to avoiding costly violations.

Employers should proactively audit their compliance policies and seek legal counsel if necessary to minimize risk and avoid penalties.

Need More Information?

For full details, visit the official Federal Register announcement:
DOL Civil Penalty Adjustments for 2025


This compliance bulletin is for informational purposes only and does not constitute legal advice. Employers should consult legal counsel for compliance guidance.

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