Document

Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2026

As required by statute, the Department of Labor annually publishes a final rule updating the civil monetary penalties it assesses. The Bureau of Labor Statistics (BLS) did not p...

Department of Labor
Employment and Training Administration
Office of Workers' Compensation Programs
Office of the Secretary
Wage and Hour Division
Occupational Safety and Health Administration
Mine Safety and Health Administration
  1. 20 CFR Part 655
  2. 20 CFR Parts 702, 725, and 726
  3. 29 CFR Part 5
  4. 41 CFR Part 50-201
  5. 29 CFR Parts 500, 501, 503, 530, 570, 578, 579, 801, 810, and 825
  6. 29 CFR Part 1903
  7. 30 CFR Part 100
  8. RIN 1290-AA46
( printed page 31358)

AGENCY:

Employment and Training Administration, Office of Workers' Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, and Mine Safety and Health Administration, Department of Labor.

ACTION:

Notification of no inflation adjustment to U.S. Department of Labor civil monetary penalties for 2026.

SUMMARY:

As required by statute, the Department of Labor annually publishes a final rule updating the civil monetary penalties it assesses. The Bureau of Labor Statistics (BLS) did not publish its October 2025 Consumer Price Index for All Urban Consumers (CPI-U) data due to a lapse in funding. Because the relevant law requires that annual penalty adjustments be based specifically on October CPI-U data—with no alternative calculation allowed—the 2026 adjustment is cancelled entirely.

DATES:

Effective May 27, 2026.

FOR FURTHER INFORMATION CONTACT:

Amy Hunter, Senior Policy Advisor, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693-5076 (this is not a toll-free number). Copies of this final rule may be obtained in alternative formats (large print, Braille, audio tape or disc), upon request, by calling (202) 693-5959 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-5627 to obtain information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION:

I. Background

On November 2, 2015, Congress enacted the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, sec. 701 (Inflation Adjustment Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 as previously amended by the 1996 Debt Collection Improvement Act, to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The Inflation Adjustment Act required agencies to (1) adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule (IFR); and (2) make subsequent annual adjustments for inflation no later than January 15 of each year.

On July 1, 2016, the Department published an IFR that established the initial catch-up adjustment for most civil penalties that the Department administers and requested comments. See 81 FR 43430 (DOL IFR). Every year thereafter, the Department has published a final rule establishing the annual adjustment for civil monetary penalties based on the October CPI-U from the prior year.

II. No Adjustment for 2026

According to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the annual inflation adjustment to civil penalties is based on BLS CPI-U data from the month of October of the prior year. Due to the October-November 2025 lapse in appropriations, BLS was unable to produce the October 2025 data. The statute does not allow for an alternative method of calculating civil penalty amounts. On April 17, 2026, Office of Management and Budget (OMB) Director Russell T. Vought issued OMB memorandum M-26-11, which informed agencies of the cancellation of the penalty inflation adjustment for 2026 based on the lack of October 2025 CPI-U data. OMB instructed agencies to continue using the 2025 civil monetary penalties as applicable.

Consistent with the guidance provided in M-26-11, the Department of Labor is not making any adjustments to civil money penalties under the Inflation Adjustment Act in 2026.

In 2027, the Department will undertake 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.

Dated: May 20, 2026.

Keith Sonderling,

Acting Secretary of Labor.

[FR Doc. 2026-10456 Filed 5-26-26; 8:45 am]

BILLING CODE 4510-HL-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 31358

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2026,” thefederalregister.org (May 27, 2026), https://thefederalregister.org/documents/2026-10456/department-of-labor-federal-civil-penalties-inflation-adjustment-act-annual-adjustments-for-2026.