Showing posts with label penalties. Show all posts
Showing posts with label penalties. Show all posts

Thursday, January 4, 2018

New Year; New Penalties


 It seems to have become fashionable for government to automate its operations.  Generally, efficiency is a good thing, but some of us depend on governmental inertia to survive Big Brother.   Back in 1990, Congress required executive agencies (like NASA and the Department of Labor) to increase their financial penalties (some of which had been established before the Beatles invaded America) to reflect inflation.  Congress took that a step further in 2015 to require annual adjustments based on inflation.  Specifically, the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the DOL to increase penalties for inflation on an annual basis.    On January 2, 2018, the DOL published the new list of fines.  They include (but are not limited to):

        FMLA: “An employer that willfully violates the posting requirement may be assessed a civil money penalty by the Wage and Hour Division not to exceed $169 for each separate offense.

          ERISA: If any person who is required, under subsection (a), to furnish information or maintain records for any plan year fails to comply with such requirement, he shall pay to the Secretary a civil penalty of $28 for each employee with respect to whom such failure occurs, unless it is shown that such failure is due to reasonable cause.

          ERISA: The Secretary may assess a civil penalty against any plan administrator of up to $2,097 a day from the date of such plan administrator’s failure or refusal to file the annual report required to be filed with the Secretary under section 1021(b)(1) of this title.

          ERISA: The Secretary may assess a civil penalty against any employer of up to $112 a day from the date of the employer’s failure to meet the notice requirement of section 1181(f)(3)(B)(i)(I) of this title [re: CHIP]. For purposes of this subparagraph, each violation with respect to any single employee shall be treated as a separate violation.

          OSHA:  Serious and Other-than-Serious Violations increased to $12,675 and willful and repeated increased to $126,749

          FLSA: A penalty of up to $1,925 per violation may be assessed against any person who repeatedly or willfully violates section 6 (minimum wage) or section 7 (overtime) of the Act. The amount of the penalty will be determined by applying the criteria in § 578.4.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can be changed or amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.

Wednesday, December 12, 2007

CVS agrees to pay $226K in penalties and $38K in back wages for FLSA Violations.

The Department of Labor announced today that CVS Pharmacies agreed to pay “civil money penalties totaling $226,598 and to pay 51 employees back wages totaling $38,151 following an investigation by the department of 63 retail locations in the Northeast that revealed violations of the wage and youth employment provisions of the federal Fair Labor Standards Act (FLSA). The youth violations involved exposing the teen employees to hazardous conditions and working too many hours. The back wages were due as a result of store managers improperly editing the time cards of various employees.

Insomniacs may read the full press release at http://www.dol.gov/opa/media/press/esa/ESA20071543.htm.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with an attorney.