News & Analysis as of

Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Inflation Adjustments

Williams Mullen

What to Know About EPA’s Inflation Adjustments for Civil Penalties

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EPA recently promulgated a final rule (the Rule) adjusting civil penalties issued by the agency for inflation. This action was performed pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by...more

Orrick, Herrington & Sutcliffe LLP

Agencies adjust civil money penalties for 2024

Recently, the CFPB, NCUA, FDIC, FTC, and OCC provided notice in the Federal Register of adjustments to the maximum civil money penalties due to inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of...more

Akin Gump Strauss Hauer & Feld LLP

FERC Increases Maximum Civil Monetary Penalties

On January 6, 2023, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

Constangy, Brooks, Smith & Prophete, LLP

Insult To Injury

If you weren’t already concerned about the rate of inflation, its effect has produced another blow in the OSHA world. Under the terms of the 2015 Inflation Adjustment Act, the U.S. Department of Labor has once again made the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Increases Maximum Civil Monetary Penalties

On January 7, 2022, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

Cozen O'Connor

New Year: New OSHA Penalties, Full Commission And New Top Ten List

Cozen O'Connor on

As we start the new year, following the Federal Civil Penalties Inflation Adjustment Act which Congress passed in 2015, OSHA announced revised increased maximum penalty levels effective January 15, 2020:-...more

Saul Ewing LLP

The U.S. Department of Education Adjusts the Amount of Civil Monetary Payments (CMPs)

Saul Ewing LLP on

On January 14, 2020, the U.S. Department of Education issued the final regulations to adjust the Department's Civil Monetary Payments (CMPs) for inflation....more

Constangy, Brooks, Smith & Prophete, LLP

OSHA Penalties Increased, Again!

In 2015, Congress passed a law called the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. It appears that the word “Improvements” may have been added in an unsuccessful attempt to make the law sound...more

McGuireWoods LLP

Updated Civil Monetary Penalties

McGuireWoods LLP on

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust civil monetary penalties for inflation annually. Effective November 5, 2019, the Department of Health and Human...more

Foley & Lardner LLP

OSHA Penalty Increases Take Effect; Annual Summary Posting and Reporting Deadlines Are Near

Foley & Lardner LLP on

On January 23, 2019, the Occupational Safety and Health Administration (OSHA) increased the maximum civil penalties that employers can receive for health and safety violations by 2.5 percent to account for inflation....more

Fisher Phillips

Here OSHA Goes Again: 2019 Increases to Maximum Penalty Amounts Announced

Fisher Phillips on

Employers will be facing higher penalties from the federal Occupational Safety and Health Administration (“Fed-OSHA”) in 2019. On January 15, 2019, Fed-OSHA announced that it plans to increase the maximum penalty an employer...more

Fisher Phillips

Are Mandatory OSHA Settlement Conferences Still Mandatory?

Fisher Phillips on

Administrative Law Judges are increasingly exercising their discretion to waive mandatory settlement conferences for Occupational Safety and Health Administration (OSHA) citation contests with large penalties. The increased...more

Conn Maciel Carey LLP

OSHA Civil Penalties On the Rise Again

Conn Maciel Carey LLP on

As of January 2, 2018, civil penalties for workplace safety and health violations issued by federal OSHA increased again by 2% across the board. Although a 2% increase does not shock the system, this increase is part of a...more

Jackson Lewis P.C.

MSHA Penalties Increased For 2018

Jackson Lewis P.C. on

Pursuant to 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), on January 2, 2018 the U.S....more

Beveridge & Diamond PC

PHMSA Increases Penalty Limits for Pipeline Safety Violations

Beveridge & Diamond PC on

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) revised its regulations to increase the maximum civil penalties for violations of Federal pipeline safety laws, as well as any...more

K&L Gates LLP

Continuing to Adjust Penalties: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015

K&L Gates LLP on

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (“2015 Act”) became law in November 2015. The stated purpose of the 2015 Act is “to improve the effectiveness of civil monetary penalties and to...more

Ballard Spahr LLP

CFPB issues final rule to adjust civil penalties for inflation

Ballard Spahr LLP on

The CFPB has published a final rule to adjust for inflation the civil penalties within its jurisdiction. The adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 which, pursuant to a 2015...more

WilmerHale

Alert: Retroactive Civil Penalty Increases? Civil Penalties Set to Increase Significantly, Many Present Retroactivity Concerns

WilmerHale on

Over the past several months, many federal agencies have adopted rules significantly increasing the maximum civil monetary penalties (CMPs) they can potentially impose. The increased penalty amounts were adopted in response...more

Williams Mullen

Environmental Notes - August 2016

Williams Mullen on

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

Alston & Bird

OFAC’s New Civil Monetary Penalties Catch Up with Inflation

Alston & Bird on

Effective August 1, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) will amend its regulations to raise the statutory maximum civil monetary penalty that can be assessed for a violation of...more

Arnall Golden Gregory LLP

Be Prepared: Civil Penalties to Rise Starting August 1

Effective August 1, OSHA, EPA and the Department of the Interior, among other federal agencies, are raising the ranges of civil penalties assessed under their respective programs. The Federal Civil Penalties Inflation...more

McDermott Will & Emery

EPA Raises Statutory Civil Monetary Penalty Amounts

McDermott Will & Emery on

On July 1, 2016, the US Environmental Protection Agency (EPA) issued an interim final rule that modifies statutory civil monetary penalty amounts for statutes administered by the agency. EPA’s interim final rule, which...more

Conn Maciel Carey LLP

OSHA Civil Penalties Spike by 80% on August 1st

Conn Maciel Carey LLP on

On June 30, 2016, the U.S. Department of Labor issued an Interim Final Rule to implement the Federal Civil Penalties Inflation Adjustment Improvements Act passed last Fall as part of the highly publicized “Bipartisan Budget...more

Baker Donelson

The DOL Isn't Done Yet and Non-Compliance is Getting More Expensive Than Ever

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Employers around the country are busy trying to keep up with the fast and furious rule-making from the Department of Labor. From OSHA reporting requirements, the persuader and fiduciary rules and the new overtime regulations,...more

Holland & Knight LLP

Department of Labor Increases Penalties for Certain ERISA Violations

Holland & Knight LLP on

The U.S. Department of Labor (DOL) published on July 1, 2016, an interim final rule adjusting the civil monetary penalties that it can enforce. These adjustments are the result of the Federal Civil Penalties Inflation...more

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