The Federal Civil Penalties Inflation Adjustment Act of 1990 and 2015 require annual Cost of Living Adjustment (COLA) penalty adjustments for violations of many federal laws and regulations.
The Inflation Adjustment Acts required agencies to: (1) Adjust the level of civil monetary penalties with an initial “catch-up” adjustment up to 150% in any given year; and (2) make subsequent annual adjustments for inflation based Consumer Price Index for all Urban Consumers. Example: OSHA maximum penalty in 2015 was $70,000; now it is $126,675.
We support strict and prompt enforcement of laws protecting persons and property. Does this mean we support automatic increases without the benefit of rule-making procedures? If so, should other statutory “$” levels, such as the Fair Labor Standards Act $500,000 small business exception or Unemployment Insurance $20,000 agricultural exception, be subject to the same COLA increase and annual COLA? A current example of “qualification adjustment” is contained in the Food Safety and Modernization Act regulations.
MFB: #50 Employer Provided Housing, #54 MI-OSHA, #57 Wages and Compensation
AFBF: #178 Law Enforcement, #136 General Labor Issues, #418 Fiscal Policy
Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments