December 4, 2023 • News

WHD Clarifies Procedures on Assessing Child Labor Civil Monetary Penalties

The U.S. Department of Labor (USDOL) Wage & Hour Division (WHD) published Field Assistance Bulletin (FAB) No. 2023-4, Child Labor Civil Money Penalty Assessments for Nonserious Injury and Noninjury Violations. This FAB outlines the rules for the assessment of civil money penalties (CMPs) against employers who violate child labor laws under the Fair Labor Standards Act (FLSA). The bulletin explains the methods of calculating the CMPs, which are assessed per violation (and not per child, as previously), using factors based on size of business and gravity of violation. WHD has noted an 88% increase in the number of children employed in violation of child labor laws over the last five years. FAB 2023-4 should be read in conjunction with FAB 2016-5 for the portions which have not been superseded.