Penalties up for 2022, says Wage and Hour Division

The cost of everything seems to be going up – and that includes penalties for violations of the Fair Labor Standards Act (FLSA).

The Dept. of Labor (DOL) announced its latest penalty amounts in the Federal Register on Jan. 14, 2022.

Costly missteps

Here’s what’s changed for 2022 as it pertains to the FLSA and some other laws administered by the DOL’s Wage and Hour Division:

Repeated or willful violations of the FLSA’s minimum wage or overtime provisions will cost employers $2,203, up from $2,074.

As for the child labor provisions of the FLSA, penalties are steep. They’ve jumped to $14,050, from $13,227.

The penalty for willfully breaking the Family and Medical Leave Act poster rules has increased from $178 to $189.

Finally, infractions of the Migrant and Seasonal Agricultural Worker Protection Act have a higher price tag, with civil money penalties climbing from $2,579 to $2,739.

Avoiding penalties

Looking for ways to stay in compliance and steer clear of FLSA penalties issued by the DOL? Consider the following:

• Although an employee may earn $7.25 per hour, paycheck deductions shouldn’t dip that person’s rate below the federal minimum wage.
• Include nondiscretionary bonuses in the regular rate of pay for overtime purposes.
• If you hire any 14- or 15-year-old employees, limit their daily hours worked on a school day to three hours. That includes Fridays. On nonschool days, they can work up to eight hours per day.