BILLING CODE: 4510-HL

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
Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual
Adjustments for 2022
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 2022 annual adjustments for inflation to its civil monetary penalties.
DATES: This final rule is effective on January 15, 2022. As provided by the Inflation
Adjustment Act, the increased penalty levels apply to any penalties assessed after January 15,
2022.
FOR FURTHER INFORMATION CONTACT: Erin FitzGerald, Senior Policy Advisor, U.S.
Department of Labor, Room S-2312, 200 Constitution Avenue, N.W., Washington, D.C. 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 1-877-8895627 to obtain information or request materials in alternative formats.
SUPPLEMENTARY INFORMATION:
Preamble Table of Contents
I.

Background

II.

Adjustment for 2022

III.

Paperwork Reduction Act

IV.

Administrative Procedure Act

V.

Executive Order 12866: Regulatory Planning and Review, Executive Order 13563:
Improving Regulation and Regulatory Review, and Executive Order 13771: Reducing
Regulations and Controlling Regulatory Costs

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, Pub. L. 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).

This rule implements the 2022 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 2022
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
The Department first identified the most recent penalty amount, which (with two
exceptions, discussed herein) is the amount established by the 2021 annual adjustment as set
forth in the DOL 2021 Annual Adjustment published on January 14, 2021. The Department is
also responsible for administering and enforcing a newly-enacted civil monetary penalty
regarding retention of tips under the Fair Labor Standards Act (FLSA). See Pub. L. No. 115-141,
section 1201 (2018) enacting $1,100 civil monetary penalty). In 2018, Congress amended the
FLSA to expressly prohibit employers from keeping employee’s tips for any purpose, and gave
the Department discretion to impose civil monetary penalties of up to $1,100 on employers that
unlawfully keep tips. See 29 U.S.C. 203(m)(2)(B); 216(e)(2). On December 30, 2020, the
Department published a final rule that, among other provisions, would have codified this tips

M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021).

retention civil monetary penalty and adjusted the amount of the civil money penalty for inflation
pursuant to the Inflation Adjustment Act of 1990 to the amount of $1,162. See Tip Regulations
Under the Fair Labor Standards Act (FLSA), 85 FR 86,756 (Final Rule, Dec. 30, 2020) (2020
Tip final rule). The 2020 Tip final rule was initially scheduled to go into effect on March 1,
2021. However, the Department delayed the 2020 Tip final rule’s effective date first to April 30,
2021, and then subsequently delayed the effective date of certain portions of the rule until
December 31, 2021. On March 25, 2021, the Department proposed to withdraw and repropose
two portions of the 2020 Tip final rule, including the portion incorporating the new provisions
authorizing the assessment of civil monetary penalties for violations of section 3(m)(2)(B) of the
FLSA. See Tip Regulations Under the Fair Labor Standards Act (FLSA); Partial Withdrawal, 86
FR 15,817 (proposed March 25, 2021). On September 24, 2021, the Department finalized those
proposed regulations, which included an adjustment of the civil monetary amount to $1,162
pursuant to the Inflation Adjustment Act. See Tip Regulations Under the Fair Labor Standards
Act (FLSA); Partial Withdrawal, 86 FR 52,973 (Final Rule, Sept. 24, 2021). Those regulations
became effective on November 23, 2021. Accordingly, for purposes of this Inflation Adjustment
Act final rule, the most recent penalty amount for the new tips retention civil monetary penalty is
$1,162.
In addition, the Department is responsible for administering and enforcing the high-wage
components of the labor value content requirements as set forth in section 202A of the United
States-Mexico-Canada Agreement Implementation Act (USMCA), Pub. L. 116-113, 134 Stat. 11
(2020), codified at 19 U.S.C. 1508, as amended, and 19 U.S.C. 4501 et seq. The Department
published an Interim Final Rule implementing regulations necessary to administer these
requirements, which became effective on July 1, 2020. See High-Wage Components of the Labor
Value Content Requirements Under the United States-Mexico-Canada Agreement
Implementation Act, 85 FR 39,782 (Interim Final Rule, July 1, 2020) (codified at 29 CFR part
810) (2020 USMCA IFR). Among other provisions, pursuant to the Secretary’s authority under

19 U.S.C. 4532(e)(5), the 2020 USMCA IFR established a civil monetary penalty at 29 CFR
810.800(c)(3)(i) of up to $50,000 per violation of the rule’s whistleblower protections. The
Department was not required to adjust this civil monetary penalty in its 2021 Inflation
Adjustment Act rule because this penalty was established within the 12 months preceding the
2021 inflation adjustment. See Inflation Adjustment Act, § 4(d), 28 U.S.C. 2461 note, § 4(d).
Accordingly, for purposes of this Inflation Adjustment Act final rule, the most recent maximum
penalty amount for the new USMCA civil monetary penalty is $50,000.
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 2021 CPI-U and the
October 2020 CPI-U. The cost-of-living adjustment multiplier for 2022, based on the Consumer
Price Index (CPI-U) for the month of October 2021, not seasonally adjusted, is 1.06222.2 In
order to compute the 2022 annual adjustment, the Department multiplied the most recent penalty
amount for each applicable penalty by the multiplier, 1.06222, and rounded to the nearest dollar.
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, 2022, whose associated violations occurred after November 2, 2015, the higher
penalty amounts outlined in this rule will apply. The tables below demonstrate the penalty
amounts that apply:
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

CAA amount ($1,100)

before November 23, 2021

2
OMB provided the year-over-year multiplier, rounded to 5 decimal points. Id. at 1.
Appendix 1 consists of a table that provides ready access to key information about each penalty.

After March 23, 2018

After March 23, 2018

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

($1,162)

After January 15, 2022

January 15, 2022 levels

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

2020 USMCA IFR amount

before January 15, 2022

($50,000)

After January 15, 2022

January 15, 2022 levels

After July 1, 2020

($53,111)

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

Penalty assessed

Which penalty level applies

On or before November

On or before August 1, 2016

Pre-August 1, 2016 levels

After August 1, 2016

Pre-August 1, 2016 levels

After August 1, 2016, but on or

August 1, 2016 levels

2, 2015
On or before November
2, 2015
After November 2, 2015

before March 17, 2017
After November 2, 2015

After March 17, 2017 but on or

March 17, 2017 levels

before January 2, 2018
After November 2, 2015

After January 2, 2018 but on or

January 2, 2018 levels

before January 23, 2019
After November 2, 2015

After January 23, 2019 but on or January 23, 2019 levels
before January 15, 2020

After November 2, 2015

After January 15, 2020 but on or January 15, 2020 levels
before January 15, 2021

After November 2, 2015

After January 15, 2021 but on or January 15, 2021 levels
before January 15, 2022

After November 2, 2015

After January 15, 2022

January 15, 2022 levels

Civil Monetary Penalties for other DOL Programs
Violations occurring

Penalty assessed

Which penalty level applies

On or before November 2,

On or before August 1, 2016

Pre-August 1, 2016 levels

After August 1, 2016

Pre-August 1, 2016 levels

After August 1, 2016, but on

August 1, 2016 levels

2015
On or before November 2,
2015
After November 2, 2015

or before January 13, 2017
After November 2, 2015

After January 13, 2017 but on

January 13, 2017 levels

or before January 2, 2018
After November 2, 2015

After January 2, 2018 but on

January 2, 2018 levels

or before January 23, 2019
After November 2, 2015

After January 23, 2019 but on

January 23, 2019 levels

or before January 15, 2020
After November 2, 2015

After January 15, 2020 but on

January 15, 2020 levels

or before January 15, 2021
After November 2, 2015

After January 15, 2021 but on

January 15, 2021 levels

or before January 15, 2022
After November 2, 2015

After January 15, 2022

January 15, 2022 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). Five (5) states and one territory have State Plans that cover
only state and local government employees: Connecticut, Illinois, Maine, 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
§ 655.620(a)
§ 655.801(b)
§ 655.810(b)(1) introductory text
§ 655.810(b)(2) introductory text
§ 655.810(b)(3) introductory text

Remove
$9,753
$7,939
$1,951
$7,939
$55,570

Add
$10,360
$8,433
$2,072
$8,433
$59,028

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
§ 702.204
§ 702.204
§ 702.236
§ 702.236
§ 702.271(a)(2)
§ 702.271(a)(2)
§ 702.271(a)(2)

Remove
$24,730
January 15, 2021
$301
January 15, 2021
January 15, 2021
$2,473
$12,363

Add
$26,269
January 15, 2022
$320
January 15, 2022
January 15, 2022
$2,627
$13,132

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, 2021” and adding in its
place “January 15, 2022” and by removing “$1,506” and adding in its place “$1,600”.
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.
§ 726.302 [Amended]
8. 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
§ 726.302(c)(2)(i) table
Introductory text
§ 726.302(c)(2)(i) table
§ 726.302(c)(2)(i) table
§ 726.302(c)(2)(i) table
§ 726.302(c)(2)(i) table
§ 726.302(c)(4)
§ 726.302(c)(4)
§ 726.302(c)(5)
§ 726.302(c)(5)
§ 726.302(c)(6)
§ 726.302(c)(6)

Remove

Add

January 15, 2021

January 15, 2022

$148
293
441
586
January 15, 2021
$148
January 15, 2021
$441
January 15, 2021
$3,011

$157
$311
$468
$622
January 15, 2022
$157
January 15, 2022
$468
January 15, 2022
$3,198

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 continues 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. No. 114-74 at § 701, 129 Stat 584.
§ 5.5 [Amended]
10. In § 5.5, amend paragraph (b)(2) by removing “$27” and adding in its place “$29”.
§ 5.8 [Amended]
11. In § 5.8, amend paragraph (a) by removing “$27” and adding in its place “$29”.
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 “$2,579” and adding in its place
“$2,739”.
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
(Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at §701.
§ 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
§ 501.19(c) introductory text
§ 501.19(c)(1)
§ 501.19(c)(2)
§ 501.19(c)(4)
§ 501.19(d)
§ 501.19(e)
§ 501.19(f)

Remove
$1,787
$6,012
$59,528
$119,055
$6,012
$17,859
$17,859

Add
$1,898
$6,386
$63,232
$126,463
$6,386
$18,970
$18,970

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 continues 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 § 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
§ 503.23(b)
§ 503.23(c)
§ 503.23(d)

Remove
$13,072
$13,072
$13,072

Add
$13,885
$13,885
$13,885

PART 530–EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES
18. The authority citation for part 530 continues 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 §701, 129 Stat 584.
19. In § 530.302:
a. Amend paragraph (a) by removing “$1,084” and adding in its place “$1,151;” and
b. Revising 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)
Penalty per affected homeworker
Nature of violation
Recordkeeping
Monetary violations

Minor Substantial
$22-231

$231-460

22-231

231-460

Employment of homeworkers without a
certificate
Other violations of statutes, regulations
or employer assurances

22-231

Repeated, intentional or
knowing
$460-1,151

231-460

460-1,151

231-460

460-1,151

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 continues 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 § 701.
§ 570.140 [Amended]
21. In § 570.140, amend paragraph (b)(1) by removing “$13,227” and adding in its place
“$14,050” and paragraph (b)(2) by removing “$60,115” and adding in its place “$63,855”.
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 “$1,162” and adding in its place
“$1,234”.
24. In § 578.3, amend paragraph (a)(2) by removing “$2,074” and adding in its place
“$2,203”.
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. 012014 (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
§ 579.1(a)(1)(i)(A)
§ 579.1(a)(1)(i)(B)
§ 579.1(a)(2)(i)
§ 579.1(a)(2)(ii)

Remove
$13,227
$60,115
$2,074
$1,162

Add
$14,050
$63,855
$2,203
$1,234

PART 801–APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT
OF 1988
26. The authority citation for part 801 continues 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 §701, 129 Stat
584.
§ 801.42 [Amended]
27. In § 801.42, amend paragraph (a) introductory text by removing “$21,663” and
adding in its place “$23,011”.
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) & 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 §701.
§ 810.800 [Amended]
29. In § 810.800, amend paragraph (c)(3)(i) by removing “$50,000” and adding in its
place “$53,111”.

PART 825–THE FAMILY AND MEDICAL LEAVE ACT OF 1993

30. The authority citation for part 825 continues 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 §701.
§ 825.300 [Amended]
31. In § 825.300, amend paragraph (a)(1) by removing “$178” and adding in its place
“$189”.
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
§ 1903.15(d)
introductory text
§ 1903.15(d)(1)
§ 1903.15(d)(1)
§ 1903.15(d)(2)
§ 1903.15(d)(3)
§ 1903.15(d)(4)
§ 1903.15(d)(5)
§ 1903.15(d)(6)

Remove
January 15, 2021

Add
January 15, 2022

$9,753
$136,532
$136,532
$13,653
$13,653
$13,653
$13,653

$10,360
$145,027
$145,027
$14,502
$14,502
$14,502
$14,502

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 continues 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 §701.

35. In § 100.3, amend paragraph (a)(1) introductory text by removing “$74,775” and
adding in its place “$79,428” and by removing the table in paragraph (g) and adding Table 14 to
paragraph (g) to read as follows:
§ 100.3 Determination of penalty amount; regular assessment.
* * * * *
(g) * * *
Table 14 to Paragraph (g)—Penalty Conversion Table
Points

Penalty ($)

60 or fewer

$148

161

173

188

204

221

239

260

280

304

329

357

72

73

74

75

76

77

78

79

80

81

82

83

84

1,011

1,097

1,188

1,285

1,393

1,509

1,635

1,771

1,917

2,077

2,251

2,438

2,641

2,859

3,100

3,358

3,638

3,940

4,268

4,624

5,008

105

5,427

5,878

6,368

6,898

7,473

8,095

8,767

9,499

10,291

11,149

12,076

13,081

14,172

15,352

16,631

18,015

19,517

21,140

22,903

24,811

26,874

29,114

31,540

34,166

37,012

40,096

43,435

47,051

50,970

55,036

59,100

63,168

67,230

138

71,297

75,361

140 or more

79,428

* * * * *
§§ 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
§ 100.4(a)
§ 100.4(b)
§ 100.4(c) introductory
text
§ 100.4(c) introductory
text
§ 100.5(c)
§ 100.5(d)
§ 100.5(e)

Remove

Add

$2,493
$4,983

$2,648
$5,293

$6,232

$6,620

$74,775

$79,428

$8,101
$342
$274,175

$8,605
$363
$291,234

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. No. 114-74 at § 701, 129 Stat 584.
§ 50-201.3[Amended]
38. In § 50-201.3, amend paragraph (e) by removing “$27” and adding in its place “$29”.

Signed in Washington, D.C.

Martin J. Walsh,
Secretary, U.S. Department of Labor.

Note: The following Appendix will not appear in the Code of Federal Regulations.
2021
Agency

MSHA

MSHA

Law

Federal
Mine Safety
& Health
Act of 1977
Federal
Mine Safety
& Health
Act of 1977

MSHA

Federal
Mine Safety
& Health
Act of 1977

MSHA

Federal
Mine Safety
& Health
Act of 1977

MSHA

Federal
Mine Safety
& Health
Act of 1977

MSHA

Federal
Mine Safety
& Health
Act of 1977

MSHA

Federal
Mine Safety
& Health
Act of 1977

MSHA

Federal
Mine Safety
& Health
Act of 1977

EBSA

Employee
Retirement
Income
Security Act

Name/
Description

CFR
Citation

Min
Penalty
(Round
ed to
nearest
dollar)

Max Penalty
(Rounded to
nearest dollar)

Min
Penalty
(Rounded
to nearest
dollar)

Regular
Assessment

30 CFR
100.3(a)

Penalty
Conversion Table

30 CFR
100.3(g)

$139

30 CFR
100.4(a)

$2,493

$2,648

30 CFR
100.4(b)

$4,983

$5,293

39 CFR
100.4(c)

$6,232

Minimum Penalty
for any order
issued under
104(d)(1) of the
Mine Act
Minimum penalty
for any order
issued under
104(d)(2) of the
Mine Act
Penalty for failure
to provide timely
notification under
103(j) of the
Mine Act
Any operator who
fails to correct a
violation for
which a citation
or order was
issued under
104(a) of the
Mine Act
Violation of
mandatory safety
standards related
to smoking
standards
Flagrant
violations under
110(b)(2) of the
Mine 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

$74,775

$74,775

$74,775

Max Penalty
(Rounded to
nearest dollar)

$79,428

$148

$6,620

$79,428

$79,428

30 CFR
100.5(c)

$8,101

$8,605

30 CFR
100.5(d)

$342

$363

30 CFR
100.5(e)

$274,175

$291,234

29 CFR
2575.1-3

$31

$33

each employee a
separate
violation.

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

Section 502 (c)(2)
– Per day for
failure/refusal to
properly file plan
annual report
Section 502 (c)(4)
– Per day for
failure to disclose
certain
documents upon
request under
ERISA 101(k)
and (l); failure to
furnish notices
under 101(j) and
514(e)(3) - each
statutory recipient
a separate
violation
Section 502 (c)(5)
– Per day for each
failure to file
annual report for
Multiple
Employer
Welfare
Arrangements
(MEWAs) under
101(g)
Section 502 (c)(6)
– Per day for each
failure to provide
Secretary of
Labor requested
documentation
not to exceed a
per-request
maximum
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
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

29 CFR
2575.1-3

$2,259

$2,400

29 CFR
2575.1-3

$1,788

$1,899

29 CFR
2575.1-3

$1,644

$1,746

29 CFR
2575.1-3

$161 per day,
not to exceed
$1,613 per
request

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

29 CFR
2575.1-3

$143

$152

29 CFR
2575.1-3

$1,419

$1,507

rehabilitation
plan

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement

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
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/benefi
ciary a separate
violation
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 noncompliance
period
Section
502(c)(10) -

29 CFR
2575.1-3

$120

$127

29 CFR
2575.1-3

$120

$127

29 CFR
2575.1-3

$120

$127

29 CFR
2575.1-3

$3,005

$3,192

Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

EBSA

Employee
Retirement
Income
Security Act

OSHA
OSHA
OSHA
OSHA
OSHA
OSHA
WHD
WHD
WHD

Occupationa
l Safety and
Health Act
Occupationa
l Safety and
Health Act
Occupationa
l Safety and
Health Act
Occupationa
l Safety and
Health Act
Occupationa
l Safety and
Health Act
Occupationa
l Safety and
Health Act
Family and
Medical
Leave Act
Fair Labor
Standards
Act
Fair Labor
Standards
Act

uncorrected de
minimis violation
Section
502(c)(10) uncorrected
violations that are
not de minimis
Section
502(c)(10) unintentional
failure maximum
cap
Section
502(c)(12) – Per
day for each
failure of a CSEC
plan in restoration
status to adopt a
restoration plan
Section 502 (m) –
Failure of
fiduciary to make
a proper
distribution from
a defined benefit
plan under
section 206(e) of
ERISA
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)
Serious Violation
Other-ThanSerious
Willful
Repeated
Posting
Requirement
Failure to Abate
FMLA

29 CFR
2575.1-3

$19,157

$18,035

29 CFR
2575.1-3

$601,152

$638,556

29CFR
2575.1-3

$110

$117

29 CFR
2575.1-3

$17,416

$18,500

29 CFR
2575.1-3

$1,190

29 CFR
1903.15(d)(
3)
29 CFR
1903.15(d)(
4)
29 CFR
1903.15(d)(
1)
29 CFR
1903.15(d)(
2)
29 CFR
1903.15(d)(
6)
29 CFR
1903.15(d)(
5)
29 CFR
825.300(a)(
1)

$1,264

$14,502

$13,653

$14,502

$13,653
$9,753

$136,532
$136,532

$10,360

$145,027
$145,027

$13,653

$14,502

$13,653 per
day

$14,502 per
day

$178

$189

FLSA

29 CFR
578.3(a)(1)

$1,162

$1,234

FLSA

29 CFR
578.3(a)(2)

$2,074

$2,203

WHD

Fair Labor
Standards
Act

Child Labor

29 CFR
579.1(a)(2)(i
)

$2,074

$2,203

WHD

Fair Labor
Standards
Act

Child Labor

29 CFR
579.1(a)(2)(i
i)

$1,162

$1,234

WHD

Fair Labor
Standards
Act

Child Labor

29 CFR
570.140(b)(
1)

$13,227

$14,050

WHD

Fair Labor
Standards
Act

Child Labor

29 CFR
579.1(a)(1)(i
)(A)

$13,227

$14,050

WHD

Fair Labor
Standards
Act

Child Labor that
causes serious
injury or death

29 CFR
570.140(b)(
2)

$60,115

$63,855

WHD

Fair Labor
Standards
Act

Child Labor that
causes serious
injury or death

29 CFR
579.1(a)(1)(i
)(B)

$60,115

$63,855

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

$120,230

$127,710

MSPA

29 CFR
500.1(e)

$2,579

$2,739

H1B

20 CFR
655.810(b)(
1)

$1,951

$2,072

H1B retaliation

20 CFR
655.801(b)

$7,939

H1B willful or
discrimination

20 CFR
655.810(b)(
2)

$7,939

$8,433

H1B willful that
resulted in
displacement of a
US worker

20 CFR
655.810(b)(
3)

$55,570

$59,028

D-1

20 CFR
655.620(a)

$9,753

$10,360

WHD

WHD

WHD

WHD

WHD

WHD

WHD

Migrant and
Seasonal
Agricultural
Worker
Protection
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act

$8,433

WHD

WHD

WHD

WHD

WHD

WHD

WHD

WHD

WHD

WHD

WHD

WHD

WHD

WHD

WHD
WHD

Contract
Work Hours
and Safety
Standards
Act
Contract
Work Hours
and Safety
Standards
Act
WalshHealey
Public
Contracts
Act
Employee
Polygraph
Protection
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Immigration
&
Nationality
Act
Fair Labor
Standards
Act
Fair Labor
Standards
Act

CWHSSA

29 CFR
5.5(b)(2)

$27

$29

CWHSSA

29 CFR
5.8(a)

$27

$29

$27

$29

Walsh-Healey

41 CFR 50201.3(e)

EPPA

29 CFR
801.42(a)

$21,663

$23,011

H2A

29 CFR
501.19(c)

$1,787

$1,898

H2A willful or
discrimination

29 CFR
501.19(c)(1)

$6,012

$6,386

29 CFR
501.19(c)(2)

$59,528

$63,232

29 CFR
501.19(c)(4)

$119,055

$126,463

H2A Safety or
health resulting in
serious injury or
death
H2A willful or
repeated safety or
health resulting in
serious injury or
death
H2A failing to
cooperate in an
investigation

29 CFR
501.19(d)

$6,012

$6,386

H2A displacing a
US worker

29 CFR
501.19(e)

$17,859

$18,970

H2A improperly
rejecting a US
worker

29 CFR
501.19(f)

$17,859

$18,970

H-2B

29 CFR
503.23(b)

$13,072

$13,885

H-2B

29 CFR
503.23(c)

$13,072

$13,885

H-2B

29 CFR
503.23(d)

$13,072

$13,885

Home Worker

29 CFR
530.302(a)

$1,084

$1,151

Home Worker

29 CFR
530.302(b)

$21

$1,084

$22

$1,151

WHD

United
StatesMexicoCanada
Agreement
Implementat
ion Act.

Whistleblower

29 CFR
810.800(c)(
3)(i)

$50,000

$53,111

OWCP

Longshore
and Harbor
Workers’
Compensatio
n Act

Failure to file
first report of
injury or filing a
false statement or
misrepresentation
in first report

20 CFR
702.204

$24,730

$26,269

OWCP

Longshore
and Harbor
Workers’
Compensatio
n Act

Failure to report
termination of
payments

20 CFR
702.236

$301

$320

OWCP

Longshore
and Harbor
Workers’
Compensatio
n Act

OWCP

Black Lung
Benefits Act

OWCP

Black Lung
Benefits Act

OWCP

Black Lung
Benefits Act

OWCP

Black Lung
Benefits Act

OWCP

Black Lung
Benefits Act

OWCP

Black Lung
Benefits Act

OWCP

Black Lung
Benefits Act

OWCP

Black Lung
Benefits Act

Discrimination
against
employees who
claim
compensation or
testify in a
LHWCA
proceeding
Failure to report
termination of
payments
Failure to secure
payment of
benefits for mines
with fewer than
25 employees
Failure to secure
payment of
benefits for mines
with 25-50
employees
Failure to secure
payment of
benefits for mines
with 51-100
employees
Failure to secure
payment of
benefits for mines
with more than
100 employees
Failure to secure
payment of
benefits after 10th
day of notice
Failure to secure
payment of
benefits for repeat
offenders
Failure to secure
payment of
benefits

20 CFR
702.271(a)(
2)

$2,473

20 CFR
725.621 (d)

$12,363

$2,627

$1,506

$1,600

20 CFR
726.302(c)(
2)(i)

$148

$157

20 CFR
726.302(c)(
2)(i)

$293

$311

20 CFR
726.302(c)(
2)(i)

$441

$468

20 CFR
726.302(c)(
2)(i)

$586

$622

20 CFR
726.302(c)(
4)

$148

$157

20 CFR
726.302(c)(
5)

$441

$468

20 CFR
726.302(c)(
5)

$3,011

[FR Doc. 2022-00144 Filed: 1/13/2022 8:45 am; Publication Date: 1/14/2022]

$13,132

$3,198