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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations penalties. See 83 FR 7 DOL 2018
Annual Adjustment. On January 23, 2019, the Department published the final rule establishing the 2019 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H2B civil monetary penalties. See 84 FR 213 DOL 2019
Annual Adjustment. On January 15, 2020, the Department published the final rule establishing the 2020 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H2B civil monetary penalties. See 85 FR 2292 DOL 2020
Annual Adjustment.
This rule implements the 2021 annual inflation adjustments, as required by the Inflation Adjustment Act, for civil monetary penalties assessed or enforced by the Department, including H2B civil monetary penalties.1 The Inflation Adjustment Act provides that the increased penalty levels apply to any penalties assessed after the effective date of the increase. Pursuant to the Inflation Adjustment Act, this final rule is published notwithstanding Section 553 of the APA.

This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866.
Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
II. Adjustment for 2020
The Department has undertaken a thorough review of civil penalties administered by its various components pursuant to the Inflation Adjustment Act and in accordance with guidance issued by the Office of Management and Budget.2
The Department first identified the most recent penalty amount, which is the amount established by the 2020
annual adjustment as set forth in the DOL 2020 Annual Adjustment published on January 15, 2020. The Department is required to calculate the annual adjustment based on the Consumer Price Index for all Urban Consumers CPIU. Annual inflation adjustments are based on the percent change between the October CPIU

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preceding the date of the adjustment, and the prior years October CPIU; in this case, the percent change between the October 2020 CPIU and the October 2019 CPIU. The cost-of-living adjustment multiplier for 2021, based on the Consumer Price Index CPIU
for the month of October 2020, not seasonally adjusted, is 1.01182.3 In order to compute the 2021 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.01182, and rounded to the nearest dollar. This resulted in increases to all but four of the penalties administered by the Department, as set forth in the Appendix.
As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after the effective date of this rule.4
Accordingly, for penalties assessed after January 15, 2021, whose associated violations occurred after November 2, 2015, the higher penalty amounts outlined in this rule will apply. The tables below demonstrate the penalty amounts that apply:

CIVIL MONETARY PENALTIES FOR THE H2B TEMPORARY NON-AGRICULTURAL WORKER PROGRAM
Violations occurring
Penalty assessed
On or before November 2, 2015
On or before November 2, 2015
After November 2, 2015
After November 2, 2015
After November 2, 2015

On or before August 1, 2016
After August 1, 2016
After August 1, 2016, but on or before March 17, 2017
After March 17, 2017 but on or before January 2, 2018
After January 2, 2018 but on or before January 23, 2019.
After January 23, 2019 but on or before January 15, 2020.
After January 15, 2020 but on or before January 15, 2021.
After January 15, 2021

After November 2, 2015
After November 2, 2015
After November 2, 2015

Which penalty level applies Pre-August 1, 2016 levels.
Pre-August 1, 2016 levels.
August 1, 2016 levels.
March 17, 2017 levels.
January 2, 2018 levels.
January 23, 2019 levels.
January 15, 2020 levels.
January 15, 2021 levels.

CIVIL MONETARY PENALTIES FOR OTHER DOL PROGRAMS
Violations occurring
Penalty assessed
On or before November 2, 2015
On or before November 2, 2015
After November 2, 2015

On or before August 1, 2016
After August 1, 2016
After August 1, 2016, but on or before January 13, 2017.
After January 13, 2017 but on or before January 2, 2018.
After January 2, 2018 but on or before January 23, 2019.
After January 23, 2019 but on or before January 15, 2020.
After January 15, 2020 but on or before January 15, 2021.

After November 2, 2015
After November 2, 2015
After November 2, 2015

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After November 2, 2015

1 The Department is also responsible for administering and enforcing a newly-enacted civil monetary penalty under the Fair Labor Standards Act see Public Law 115141, section 1201 2018
and proposed regulations that would codify this civil monetary penalty in the Code of Federal Regulations CFR on October 8, 2019. See Tip Regulations Under the Fair Labor Standards Act
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FLSA, 84 FR 53956 proposed Oct. 8, 2019. On December 30, 2020, the Department published a final rule that codifies this civil monetary penalty, adjusted for inflation pursuant to the Inflation Adjustment Act, in the CFR, to be effective on March 1, 2021.
2 M2110, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil
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Which penalty level applies Pre-August 1, 2016 levels.
Pre-August 1, 2016 levels.
August 1, 2016 levels.
January 13, 2017 levels.
January 2, 2018 levels.
January 23, 2019 levels.
January 15, 2020 levels.

Penalties Inflation Adjustment Act Improvements Act of 2015 Dec. 23, 2020.
3 OMB provided the year-over-year multiplier, rounded to 5 decimal points. Id. at 1.
4 Appendix 1 consists of a table that provides ready access to key information about each penalty.

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