Employment Law Violations: DOL Raises Penalty Rates for 2025

Employers are facing higher penalty amounts in 2025 for violations of several employment laws, including the Family and Medical Leave Act (FMLA).

The information came in a final rule released by the Department of Labor (DOL) at the beginning of 2025.

The increased rates took effect January 16, 2025, and apply to violations occurring as far back as November 2, 2015.

New Amounts, Law by Law

The DOL’s final rule, published in the Federal Register, contains all the details. Here are the penalty amounts tied to four employment laws:

1. FMLA

For willful violations of the FMLA’s posting requirements, employers can now be assessed a maximum penalty of $216. That’s up from $211 last year. Be careful: Even employers that don’t have any employees eligible for FMLA leave right now still have to display this notice.

Of course, hanging up posters, or providing them electronically, is only one element of the FMLA’s general notice requirement. Employers that have any FMLA-eligible employees must put the information in a handbook — or provide written notice in some similar format.

2. FLSA

Failing to follow the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) has become more costly. The max amount for repeated or willful violations had been $2,451. Now, it’s increased to $2,515.

As for the FLSA’s tip provisions, the new penalty rate is $1,409 (was $1,373).

The biggest financial risk under this law, though, has to do with child labor. The 2025 penalty amounts are:

• $16,035, up from $15,629, for oppressive child labor
• $72,876, up from $71,031, if the child labor violations cause serious injury or death, and
• $145,752, up from $142,062, for repeated or willful child labor violations that cause serious injury or death.

3. INA

Under the Immigration and Nationality Act (INA), employers must follow certain requirements if they hire employees with H-1B visas. The requirements cover areas such as:

• wages/working conditions
• strike/lockout
• notification
• labor condition application specificity
• displacement, and
• recruitment.

A willful failure pertaining to any of those areas will result in a maximum penalty of $9,624. Last year’s amount was $9,380.

Another section of the INA sets the requirements for employing individuals with H-2B visas. For problems related to wages, impermissible deductions or prohibited fees and expenses, the new, maximum penalty amount is $15,846. That’s an increase from $15,445.

Employers may want to closely review their compliance with the INA, given that the DOL isn’t the only agency increasing the stakes. A recent executive order called for stricter enforcement of this immigration law by the Department of Homeland Security.

4. CWHSSA

The penalties under the Contract Work Hours and Safety Standards Act (CWHSSA) are the lowest in the pack, but — needless to say — still worth avoiding.

It’ll cost a max of $33 (was $32) for the misstep of paying laborers and mechanics at a rate not less than one-and-a-half times their basic rate of pay.