REQUIREMENT | 2025 PENALTY AMOUNT | 2026 PENALTY AMOUNT |
Wage and Hour |
Repeated or willful violations of minimum wage or overtime requirements (FLSA) | Up to $2,515 for each violation | Up to $2,515 for each violation |
Violations of child labor laws | Up to $16,035 for each employee subject to violation | Up to $16,035 for each employee subject to violation |
Violations of child labor laws that cause death or serious injury to an employee under age 18 | Up to $72,876 for each violation (doubled to $145,752 if the violation is repeated or willful) | Up to $72,876 for each violation (doubled to $145,752 if the violation is repeated or willful) |
Willful failure to post FMLA general notice | Up to $216 for each separate offense | Up to $216 for each separate offense |
Violations of the Employee Polygraph Protection Act (EPPA) | Up to $26,262 for each violation | Up to $26,262 for each violation |
Employee Benefits |
Failure to file an annual report (Form 5500) with the DOL (unless a filing exemption applies) | Up to $2,739 per day | Up to $2,739 per day |
Failure of a multiple employer welfare arrangement (MEWA) to file an annual report (Form M-1) with the DOL | Up to $1,992 per day | Up to $1,992 per day |
Failure to furnish plan-related information requested by the DOL *Under ERISA, administrators of employee benefit plans must furnish to the DOL, upon request, any documents relating to the employee benefit plan. | Up to $195 per day, but not to exceed $1,956 per request | Up to $195 per day, but not to exceed $1,956 per request |
Failure to provide the annual notice regarding CHIP coverage opportunities *This notice applies to employers with group health plans that cover residents of states that provide a premium assistance subsidy under a Medicaid or CHIP program. | Up to $145 per day for each failure (each employee is a separate violation) | Up to $145 per day for each failure (each employee is a separate violation) |
For 401(k) plans, failure to provide blackout notice or notice of right to divest employer securities | Up to $173 per day | Up to $173 per day |
Failure to provide summary of benefits and coverage (SBC) | Up to $1,443 per failure | Up to $1,443 per failure |
Employee Safety – OSH Act |
Violation of posting requirement | Up to $16,550 for each violation | Up to $16,550 for each violation |
Other-than-serious violation | Up to $16,550 for each violation | Up to $16,550 for each violation |
Serious violation | Up to $16,550 for each violation | Up to $16,550 for each violation |
Willful violation | Between $11,823 and $165,514 per violation | Between $11,823 and $165,514 per violation |
Uncorrected violation | Up to $16,550 per day until the violation is corrected | Up to $16,550 per day until the violation is corrected |
