2026-10456: Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2026
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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.
The agency’s own summary, as published.
The rule, in full
712 words as published, May 27, 2026. View the original →
Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026) [Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)] [Rules and Regulations] [Page 31358] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-10456] [[Page 31358]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 Office of Workers' Compensation Programs 20 CFR Parts 702, 725, and 726 Office of the Secretary 29 CFR Part 5 41 CFR Part 50-201 Wage and Hour Division 29 CFR Parts 500, 501, 503, 530, 570, 578, 579, 801, 810, and 825 Occupational Safety and Health Administration 29 CFR Part 1903 Mine Safety and Health Administration 30 CFR Part 100 RIN 1290-AA46 Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2026
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
What this changes
Amends 18 parts of the Code of Federal Regulations — the standing rules this notice rewrites.
- 20 CFR 655 Temporary Employment of Foreign Workers in the United States
- 20 CFR 702 Administration and Procedure
- 20 CFR 725 Claims for Benefits Under Part C of Title IV of the Federal Mine Safety and Health Act, as Amended
- 20 CFR 726 Black Lung Benefits; Requirements for Coal Mine Operator's Insurance
- 29 CFR 5 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)
- 29 CFR 500 Migrant and Seasonal Agricultural Worker Protection
- 29 CFR 501 Enforcement of Contractual Obligations for Temporary Agricultural Workers Admitted Under Section 218 of the Immigration and Nationality Act
- 29 CFR 503 Enforcement of Obligations for Temporary Nonimmigrant Non-Agricultural Workers Described in the Immigration and Nationality Act
- 29 CFR 530 Employment of Homeworkers in Certain Industries
- 29 CFR 570 Child Labor Regulations, Orders and Statements of Interpretation
- 29 CFR 578 Tip Retention, Minimum Wage, and Overtime Violations—Civil Money Penalties
- 29 CFR 579 Child Labor Violations—Civil Money Penalties
- 29 CFR 801 Application of the Employee Polygraph Protection Act of 1988
- 29 CFR 810 High-Wage Components of the Labor Value Content Requirements Under the United States-Mexico-Canada Agreement Implementation Act
- 29 CFR 825 The Family and Medical Leave Act of 1993
- 29 CFR 1903 Inspections, Citations and Proposed Penalties
- 30 CFR 100 Criteria and Procedures for Proposed Assessment of Civil Penalties
- 41 CFR 50
Rulemaking docket
We haven’t pulled this rulemaking’s full docket yet.
Documents
- Full text (Federal Register) · May 27, 2026
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