Industry News

Industry Notice regarding increased civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act)

The Department of Labor promulgated a final rule on January 23, 2019 adjusting penalties under the Inflation Adjustment Act. The rule makes the following adjustments to penalties assessed by the Office of Workers’ Compensation Programs (OWCP) under the Longshore and Harbor Workers’ Compensation Act:

Section 14(g) of the LHWCA: Failure to Report Termination of Payments
The penalty amount has increased from $285 to $292.

Section 30(e) of the LHWCA: Penalty for Late Report of Injury or Death
The maximum penalty amount has increased from $23,426 to $24,017.

Section 49 of the LHWCA: Discrimination Against Employees Who Bring Proceedings
The penalty amount has increased from a $2,343 minimum and a $11,712. maximum to a $2,402 minimum and $12,007 maximum.

Industry Notice 171, which is available on the OWCP, Division of Longshore and Harbor Workers’ Compensation (DLHWC) website at https://www.dol.gov/owcp/dlhwc/ outlines the adjustments in detail. The new amounts apply to penalties assessed after January 23, 2019.

Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019

January 15, 2019 - 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) requires the Department to annually adjust its civil monetary penalty levels for inflation no later than January 15 of each year. Adjustments are made by issuing a final rule that is effective on its date of publication in the Federal Register.

Due to a lapse in appropriations funding for certain government agencies, including the Office of the Federal Register, publication of the Department of Labor Final Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019 Final Rule has been delayed. The Department of Labor is making the pre-published version of the Final Rule available for informational purposes only until the official version is published in the Federal Register. The unofficial version of the Final Rule is subject to review and revision by the Office of the Federal Register. The Final Rule will not go into effect until it is published in the Federal Register. The effective date will be the date of publication, and the increased penalty levels will apply to any penalties assessed after the effective date of the increase. After publication, the Final Rule can be accessed through the Federal Register website at www.federalregister.gov. To the extent that there are discrepancies between this unofficial version and the official version published in the Federal Register, the latter version controls.

Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019

Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2018