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 Department of Labor Employment and Training Administration Office of Workers' Compensation Programs Office of the Secretary Wage and Hour Division Occupational Safety and Health Administration Mine Safety and Health Administration 20 CFR Part 655
20 CFR Parts 702, 725, and 726
29 CFR Part 5
41 CFR Part 50-201
29 CFR Parts 500, 501, 503, 530, 570, 578, 579, 801, 810, and 825
29 CFR Part 1903
30 CFR Part 100
RIN 1290-AA46
 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 
                        ( print page 2329)
                        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 NW, Washington, DC 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 1-877-889-5627 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, Public Law 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*Public Law 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. 
                    ( print page 2330)
                    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 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), Public Law 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 appliesAfter March 23, 2018
After March 23, 2018 but on or before November 23, 2021
CAA amount ($1,100).After March 23, 2018
After November 23, 2021 but on or before January 15, 2022
November 23, 2021 level ($1,162).After March 23, 2018
After January 15, 2022
January 15, 2022 levels.
 Civil Monetary Penalties for USMCA Violations
Violations occurring
Penalty assessed
Which penalty level appliesAfter July 1, 2020
After July 1, 2020 but on or before January 15, 2022
2020 USMCA IFR amount ($50,000).After July 1, 2020
After January 15, 2022
January 15, 2022 levels ($53,111).
 Civil Monetary Penalties for the H-2B Temporary Non-Agricultural Worker Program
Violations occurring
Penalty assessed
Which penalty level appliesOn or before November 2, 2015
On or before August 1, 2016
Pre-August 1, 2016 levels.On or before November 2, 2015
After August 1, 2016
Pre-August 1, 2016 levels.After November 2, 2015
After August 1, 2016, but on or before March 17, 2017
August 1, 2016 levels.After November 2, 2015
After March 17, 2017, but on or before January 2, 2018
March 17, 2017 levels.After November 2, 2015
After January 2, 2018, but on or before January 23, 2019
January 2, 2018 levels.After November 2, 2015
After January 23, 2019, but on or before January 15, 2020
January 23, 2019 levels.After November 2, 2015
After January 15, 2020, but on or before January 15, 2021
January 15, 2020 levels.( print page 2331)After November 2, 2015
After January 15, 2021, but on or before January 15, 2022
January 15, 2021 levels.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 appliesOn or before November 2, 2015
On or before August 1, 2016
Pre-August 1, 2016 levels.On or before November 2, 2015
After August 1, 2016
Pre-August 1, 2016 levels.After November 2, 2015
After August 1, 2016, but on or before January 13, 2017
August 1, 2016 levels.After November 2, 2015
After January 13, 2017, but on or before January 2, 2018
January 13, 2017 levels.After November 2, 2015
After January 2, 2018, but on or before January 23, 2019
January 2, 2018 levels.After November 2, 2015
After January 23, 2019, but on or before January 15, 2020
January 23, 2019 levels.After November 2, 2015
After January 15, 2020, but on or before January 15, 2021
January 15, 2020 levels.After November 2, 2015
After January 15, 2021, but on or before January 15, 2022
January 15, 2021 levels.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 
                    ( print page 2332)
                    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.
                            ( print page 2333) 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
 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
Remove
Add§ 655.620(a)
$9,753
$10,360§ 655.801(b)
7,939
8,433§ 655.810(b)(1) introductory text
1,951
2,072§ 655.810(b)(2) introductory text
7,939
8,433§ 655.810(b)(3) introductory text
55,570
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
 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
Remove
Add§ 702.204
$24,730
$26,269.§ 702.204
January 15, 2021
January 15, 2022.§ 702.236
$301
$320.§ 702.236
January 15, 2021
January 15, 2022.§ 702.271(a)(2)
January 15, 2021
January 15, 2022.§ 702.271(a)(2)
$2,473
$2,627.§ 702.271(a)(2)
$12,363
$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
 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
 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
Remove
Add§ 726.302(c)(2)(i) table Introductory text
January 15, 2021
January 15, 2022.§ 726.302(c)(2)(i) table
$148
$157.§ 726.302(c)(2)(i) table
293
$311.§ 726.302(c)(2)(i) table
441
$468.§ 726.302(c)(2)(i) table
586
$622.§ 726.302(c)(4)
January 15, 2021
January 15, 2022.§ 726.302(c)(4)
$148
$157.§ 726.302(c)(5)
January 15, 2021
January 15, 2022.§ 726.302(c)(5)
$441
$468.§ 726.302(c)(6)
January 15, 2021
January 15, 2022.§ 726.302(c)(6)
$3,011
$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. 114-74 at § 701, 129 Stat 584. § 5.5
 10.In § 5.5, amend paragraph (b)(2) by removing “$27” and adding in its place “$29”. § 5.8
 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
 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
 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
Remove
Add§ 501.19(c) introductory text
$1,787
$1,898§ 501.19(c)(1)
6,012
6,386§ 501.19(c)(2)
59,528
63,232§ 501.19(c)(4)
119,055
126,463§ 501.19(d)
6,012
6,386§ 501.19(e)
17,859
18,970§ 501.19(f)
17,859
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
 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
Remove
Add§ 503.23(b)
$13,072
$13,885§ 503.23(c)
13,072
13,885§ 503.23(d)
13,072
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
  
 (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:
                            ( print page 2335) Table 1 to Paragraph (
                                b
                                )
Nature of violation
Penalty per affected homeworkerMinor
Substantial
Repeated,
                                     intentional 
                                     or knowingRecordkeeping
$22-231
$231-460
$460-1,151Monetary violations
22-231
231-460Employment of homeworkers without a certificate

231-460
460-1,151Other violations of statutes, regulations or employer assurances
22-231
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
 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
 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. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 Note. § 579.1
 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
Remove
Add§ 579.1(a)(1)(i)(A)
$13,227
$14,050§ 579.1(a)(1)(i)(B)
60,115
63,855§ 579.1(a)(2)(i)
2,074
2,203§ 579.1(a)(2)(ii)
1,162
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
 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
 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
 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
 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
Remove
Add§ 1903.15(d) introductory text
January 15, 2021
January 15, 2022.§ 1903.15(d)(1)
$9,753
$10,360.§ 1903.15(d)(1)
$136,532
$145,027.§ 1903.15(d)(2)
$136,532
$145,027.§ 1903.15(d)(3)
$13,653
$14,502.§ 1903.15(d)(4)
$13,653
$14,502.§ 1903.15(d)(5)
$13,653
$14,502.§ 1903.15(d)(6)
$13,653
$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
  
 (g) * * * Table 14 to Paragraph (
                                g
                                )—Penalty Conversion Table
Points
Penalty
                                     ($)60 or fewer
$14861
16162
17363
18864
20465
22166
23967
26068
28069
30470
32971
35772
38873
42074
45375
49276
53577
57678
62679
67880
73581
79682
86083
93484
1,01185
1,09786
1,18887
1,28588
1,39389
1,50990
1,63591
1,77192
1,91793
2,07794
2,25195
2,43896
2,64197
2,85998
3,10099
3,358100
3,638101
3,940102
4,268103
4,624104
5,008105
5,427106
5,878107
6,368108
6,898109
7,473110
8,095111
8,767112
9,499113
10,291114
11,149115
12,076116
13,081117
14,172118
15,352119
16,631120
18,015121
19,517122
21,140123
22,903124
24,811125
26,874126
29,114127
31,540128
34,166129
37,012130
40,096131
43,435132
47,051133
50,970134
55,036135
59,100136
63,168137
67,230138
71,297139
75,361140 or more
79,428
 §§ 100.4 and 100.5
 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. ( print page 2337) Paragraph
Remove
Add§ 100.4(a)
$2,493
$2,648§ 100.4(b)
4,983
5,293§ 100.4(c) introductory text
6,232
6,620§ 100.4(c) introductory text
74,775
79,428§ 100.5(c)
8,101
8,605§ 100.5(d)
342
363§ 100.5(e)
274,175
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. 114-74 at § 701, 129 Stat 584. § 50-201.3
 38.In § 50-201.3, amend paragraph (e) by removing “$27” and adding in its place “$29”. Signed in Washington, DC. Martin J. Walsh, Secretary, U.S. Department of Labor.
 Note: The following Appendix will not appear in the Code of Federal Regulations. Agency
Law
Name description
CFR citation
2021
2022Min penalty
                             (rounded to nearest dollar)
Max penalty
                             (rounded to nearest dollar)
Min penalty
                             (rounded to nearest dollar)
Max penalty (rounded to nearest dollar)MSHA
Federal Mine Safety & Health Act of 1977
Regular Assessment
30 CFR 100.3(a)

$74,775

$79,428.MSHA
Federal Mine Safety & Health Act of 1977
Penalty Conversion Table
30 CFR 100.3(g)
$139
$74,775
$148
$79,428.MSHA
Federal Mine Safety & Health Act of 1977
Minimum Penalty for any order issued under 104(d)(1) of the Mine Act
30 CFR 100.4(a)
2,493

2,648MSHA
Federal Mine Safety & Health Act of 1977
Minimum penalty for any order issued under 104(d)(2) of the Mine Act
30 CFR 100.4(b)
4,983

5,293MSHA
Federal Mine Safety & Health Act of 1977
Penalty for failure to provide timely notification under 103(j) of the Mine Act
39 CFR 100.4(c)
6,232
$74,775
6,620
$79,428.MSHA
Federal Mine Safety & Health Act of 1977
Any operator who fails to correct a violation for which a citation or order was issued under 104(a) of the Mine Act
30 CFR 100.5(c)

$8,101

$8,605.MSHA
Federal Mine Safety & Health Act of 1977
Violation of mandatory safety standards related to smoking standards
30 CFR 100.5(d)

$342

$363.MSHA
Federal Mine Safety & Health Act of 1977
Flagrant violations under 110(b)(2) of the Mine Act
30 CFR 100.5(e)

$274,175

$291,234.EBSA
Employee Retirement Income Security 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 each employee a separate violation
29 CFR 2575.1-3

$31

$33.EBSA
Employee Retirement Income Security Act
Section 502(c)(2)—Per day for failure/refusal to properly file plan annual report
29 CFR 2575.1-3

$2,259

$2,400.EBSA
Employee Retirement Income Security Act
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
29 CFR 2575.1-3

$1,788

$1,899.EBSA
Employee Retirement Income Security Act
Section 502(c)(5)—Per day for each failure to file annual report for Multiple Employer Welfare Arrangements (MEWAs) under 101(g)
29 CFR 2575.1-3

$1,644

$1,746.( print page 2338)EBSA
Employee Retirement Income Security Act
Section 502(c)(6)—Per day for each failure to provide Secretary of Labor requested documentation not to exceed a per-request maximum
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.EBSA
Employee Retirement Income Security Act
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
29 CFR 2575.1-3

$143

$152.EBSA
Employee Retirement Income Security Act
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 rehabilitation plan
29 CFR 2575.1-3

$1,419

$1,507.EBSA
Employee Retirement Income Security Act
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
29 CFR 2575.1-3

$120

$127.EBSA
Employee Retirement Income Security Act
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/beneficiary a separate violation
29 CFR 2575.1-3

$120

$127.EBSA
Employee Retirement Income Security Act
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 non-compliance period
29 CFR 2575.1-3

$120

$127.EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—uncorrected de minimis violation
29 CFR 2575.1-3
3,005

3,192EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—uncorrected violations that are not de minimis
29 CFR 2575.1-3
18,035

19,157EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—unintentional failure maximum cap
29 CFR 2575.1-3

$601,152

$638,556.EBSA
Employee Retirement Income Security Act
Section 502(c)(12)—Per day for each failure of a CSEC plan in restoration status to adopt a restoration plan
29CFR 2575.1-3

$110

$117.EBSA
Employee Retirement Income Security Act
Section 502(m)—Failure of fiduciary to make a proper distribution from a defined benefit plan under section 206(e) of ERISA
29 CFR 2575.1-3

$17,416

$18,500.EBSA
Employee Retirement Income Security Act
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)
29 CFR 2575.1-3

$1,190

$1,264.OSHA
Occupational Safety and Health Act
Serious Violation
29 CFR 1903.15(d)(3)

$13,653

$14,502.OSHA
Occupational Safety and Health Act
Other-Than-Serious
29 CFR 1903.15(d)(4)

$13,653

$14,502.OSHA
Occupational Safety and Health Act
Willful
29 CFR 1903.15(d)(1)
9,753
$136,532
10,360
$145,027.OSHA
Occupational Safety and Health Act
Repeated
29 CFR 1903.15(d)(2)

$136,532

$145,027.OSHA
Occupational Safety and Health Act
Posting Requirement
29 CFR 1903.15(d)(6)

$13,653

$14,502.OSHA
Occupational Safety and Health Act
Failure to Abate
29 CFR 1903.15(d)(5)

$13,653 per day

$14,502 per day.WHD
Family and Medical Leave Act
FMLA
29 CFR 825.300(a)(1)

$178

$189.( print page 2339)WHD
Fair Labor Standards Act
FLSA
29 CFR 578.3(a)(1)

$1,162

$1,234.WHD
Fair Labor Standards Act
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)(ii)

$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.WHD
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.WHD
Migrant and Seasonal Agricultural Worker Protection Act
MSPA
29 CFR 500.1(e)

$2,579

$2,739.WHD
Immigration & Nationality Act
H1B
20 CFR 655.810(b)(1)

$1,951

$2,072.WHD
Immigration & Nationality Act
H1B retaliation
20 CFR 655.801(b)

$7,939

$8,433.WHD
Immigration & Nationality Act
H1B willful or discrimination
20 CFR 655.810(b)(2)

$7,939

$8,433.WHD
Immigration & Nationality Act
H1B willful that resulted in displacement of a US worker
20 CFR 655.810(b)(3)

$55,570

$59,028.WHD
Immigration & Nationality Act
D-1
20 CFR 655.620(a)

$9,753

$10,360.WHD
Contract Work Hours and Safety Standards Act
CWHSSA
29 CFR 5.5(b)(2)

$27

$29.WHD
Contract Work Hours and Safety Standards Act
CWHSSA
29 CFR 5.8(a)

$27

$29.WHD
Walsh-Healey Public Contracts Act
Walsh-Healey
41 CFR 50-201.3(e)

$27

$29.WHD
Employee Polygraph Protection Act
EPPA
29 CFR 801.42(a)

$21,663

$23,011.WHD
Immigration & Nationality Act
H2A
29 CFR 501.19(c)

$1,787

$1,898.WHD
Immigration & Nationality Act
H2A willful or discrimination
29 CFR 501.19(c)(1)

$6,012

$6,386.WHD
Immigration & Nationality Act
H2A Safety or health resulting in serious injury or death
29 CFR 501.19(c)(2)

$59,528

$63,232.WHD
Immigration & Nationality Act
H2A willful or repeated safety or health resulting in serious injury or death
29 CFR 501.19(c)(4)

$119,055

$126,463.WHD
Immigration & Nationality Act
H2A failing to cooperate in an investigation
29 CFR 501.19(d)

$6,012

$6,386.WHD
Immigration & Nationality Act
H2A displacing a US worker
29 CFR 501.19(e)

$17,859

$18,970.WHD
Immigration & Nationality Act
H2A improperly rejecting a US worker
29 CFR 501.19(f)

$17,859

$18,970.WHD
Immigration & Nationality Act
H-2B
29 CFR 503.23(b)

$13,072

$13,885.WHD
Immigration & Nationality Act
H-2B
29 CFR 503.23(c)

$13,072

$13,885.WHD
Immigration & Nationality Act
H-2B
29 CFR 503.23(d)

$13,072

$13,885.WHD
Fair Labor Standards Act
Home Worker
29 CFR 530.302(a)

$1,084

$1,151.WHD
Fair Labor Standards Act
Home Worker
29 CFR 530.302(b)
21
$1,084
22
$1,151.WHD
United States-Mexico-Canada Agreement Implementation Act
Whistleblower
29 CFR 810.800(c)(3)(i)

$50,000

$53,111.( print page 2340)OWCP
Longshore and Harbor Workers' Compensation 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' Compensation Act
Failure to report termination of payments
20 CFR 702.236

$301

$320.OWCP
Longshore and Harbor Workers' Compensation Act
Discrimination against employees who claim compensation or testify in a LHWCA proceeding
20 CFR 702.271(a)(2)
2,473
$12,363
2,627
$13,132.OWCP
Black Lung Benefits Act
Failure to report termination of payments
20 CFR 725.621(d)

$1,506

$1,600.OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with fewer than 25 employees
20 CFR 726.302(c)(2)(i)
148

157OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with 25-50 employees
20 CFR 726.302(c)(2)(i)
293

311OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with 51-100 employees
20 CFR 726.302(c)(2)(i)
441

468OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with more than 100 employees
20 CFR 726.302(c)(2)(i)
586

622OWCP
Black Lung Benefits Act
Failure to secure payment of benefits after 10th day of notice
20 CFR 726.302(c)(4)
148

157OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for repeat offenders
20 CFR 726.302(c)(5)
441

468OWCP
Black Lung Benefits Act
Failure to secure payment of benefits
20 CFR 726.302(c)(5)

$3,011

$3,198.


# Footnotes

1.
    
                         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). Back to Citation
 2.
    
                         OMB provided the year-over-year multiplier, rounded to 5 decimal points. 
                        *Id.*
                         at 1. Back to Citation
 3.
    
                         Appendix 1 consists of a table that provides ready access to key information about each penalty. Back to Citation


[FR Doc. 2022-00144 Filed 1-13-22; 8:45 am] BILLING CODE 4510-HL-P