Date Posted: 03/01/2022
DOL, EEOC Announce Posting Penalty Increases
Posting penalties are going up by more than $2,000 in 2022 under increases announced by the Department of Labor (DOL) and Equal Employment Opportunity Commission (EEOC). The federal agencies make inflation-based adjustments to maximum posting fines each year. The maximum fines for 2022 are:
• $612 for failure to comply with the requirement to post the Equal Employment Opportunity is the Law poster,
• $189 for willfully failing to post the Family and Medical Leave Act (FMLA) poster,
• $14,502 for violating the Job Safety and Health: It’s the Law (OSHA) posting requirement, and
• $23,011 for violating any provision of the Employee Polygraph Protection Act (EPPA), including the posting requirement
Posting penalty effective dates
The Equal Employment Opportunity is the Law penalty increase applies to fines levied after February 23, 2022. The updated FMLA, OSHA, and EPPA posting fines apply to penalties assessed after January 15, 2022.
Annual increases for posting penalties Federal agencies are required to adjust fine levels each year under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The agencies announce updated penalty levels in final rules published in the Federal Register. While posting fines are not common, and are typically only handed out if an employer willfully and repeatedly violates the law, the fact that they are adjusted each year shows that the DOL takes posting compliance seriously.
Additional risks for failure to display labor law posters
If employers don’t display required labor law posters, they risk more than a fine. Failing to post required posters increases the risk of being sued by an employee. Courts have held that if posters are not displayed, the deadline to sue an employer may be extended.
Staying in compliance
To reduce the risk of a fine, conspicuously display up-to-date labor law posters in areas where employees are likely to view them. The FMLA, EPPA, Job Safety and Health, and EEO is the Law postings are included on the all-in-one posters from J. J. Keller and Associates, Inc. If a mandatory posting change occurs, Update Service subscribers receive a new poster.
