U.S. DOL Announced the 2022 Annual Adjustments to the Civil Penalty Amounts
The US DOL announce the 2022 annual adjustments to the Civil Penalty Amounts effective for penalties assessed after 1/15/22.
Published: 02.01.2022
Failing to comply with the U.S. Department of Labor (DOL) regulations may result in steeper penalties due to new inflation adjustments. The 2022 adjustments are effective for penalties assessed after January 15, 2022, with respect to violations occurring after November 2, 2015.The following provides an overview of the penalty increases:
| Compliance Failures | Penalties assessed after 1/15/2022 | Penalties assessed after 1/1/2021 |
|---|---|---|
| Penalty for failing to file Form 5500 | $2,400 per day | $2,259 per day |
| Summary of Benefits & Coverage | $1,264 per failure |
$1,190 per failure |
| Failing to inform of CHIP assistance | $127 per day late | $120 per participant |
| Failure to timely provide to any state information about coverage coordination with Medicaid or CHIP | $127 per day late | $120 per participant |
| Failure to meet GINA requirements | $127 per day of noncompliance | $120 per day of noncompliance |
| Minimum penalty for de minimus failure not corrected before notice from DOL | $3,192 | $3,005 |
| Minimum penalty for non-de minimus failure not corrected before notice from DOL | $19,157 |
$18,035 |
| Cap on penalties for unintentional failures | $638,556 | $601,152 |
| Failure to file MEWA annual report (Form M-1) | $1,746 per day | $1,644 per day |
| Failure to provide plan documents within 30 days of DOL request | $171 per day (not to exceed $1,713/request) | $161 per day (not to exceed $1,613/request) |
| Failure to adhere to FMLA poster requirement | $189 per offense | $178 per offense |
Source: https://www.federalregister.gov/documents/2022/01/14/2022-00144/department-of-labor-federal-civil-penalties-inflation-adjustment-act-annual-adjustments-for-2022
