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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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