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Department of Labor Increases Civil Penalties for Noncompliance

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Blog

Department of Labor Increases Civil Penalties for Noncompliance

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2 Min Read

Authors

Amy GordonJoanna KerpenSusan NashErin Haldorson WeberJamie WeyenethKristine Lofquist

Related Topics

EBEC
ERISA
Department of Labor
Health & Welfare

Related Capabilities

Employee Benefits & Executive Compensation
Labor & Employment

March 19, 2025

Effective January 15, 2025, the United States Department of Labor increased its ERISA health and welfare civil penalties for noncompliance. See Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2025. Below we have outlined the former maximum and minimum penalties, the new maximum and minimum penalties, and the increase.

Description

Prior Maximum Penalty (rounded to nearest dollar)

New Maximum Penalty (rounded to nearest dollar)

Increase in Penalty Amount

Per-day penalty for failure/refusal to properly file plan annual report (e.g., Form 5500)

$2,670

$2,739

$69

Per-day penalty for each failure to file an annual report for a Multiple Employer Welfare Arrangement (MEWA)

$1,942

$1,992

$50

Per-day penalty for each failure to provide the Secretary of Labor requested documentation, including the not-to-exceed per-request maximum

$190 per day, not to exceed $1,906 per request

$195 per day, not to exceed $1,956 per request

$5 per day, not to exceed $50 per request

Per-day penalty for each failure by an employer to inform employees of CHIP coverage opportunities (Note: Each employee is considered a separate penalty.)

$141

$145

$4

Per-day penalty for each failure by a plan to timely provide to any state the information required to be disclosed under CHIP regarding coverage coordination (Note: Each participant/beneficiary is considered a separate penalty.)

$141

$145

$4

Failure by any plan sponsor of a group health plan, or any health insurance issuer offering health insurance coverage in connection with the plan, to meet the requirements with respect to genetic information (i.e., discriminating against individual participants and beneficiaries based on health status) (Note: Each participant/beneficiary is considered a separate violation.)

$141

$145

$4

Failure to provide a Summary of Benefits Coverage

$1,406

$1,443

$37

Minimum penalty for de minimis failures to meet genetic information requirements not corrected prior to notice from Secretary of Labor

$3,550

$3,642

$92

Minimum penalty for failures to meet genetic information requirements that are not corrected prior to notice from Secretary of Labor and are not de minimis

$21,310

$21,864

$554

Cap on unintentional failures to meet genetic information requirements

$710,310

$728,764

$18,454

Winston Takeaway: Although most compliance failures are not intentional, given these increases in penalties, we suggest taking a look at your current compliance practices and making improvements where necessary. If you have any questions or need assistance in evaluating whether your practices are in compliance, please contact us.

Kristine Lofquist, paralegal, also co-authored this blog.

Related Professionals

Related Professionals

Amy Gordon

Joanna Kerpen

Susan Nash

Erin Haldorson Weber

Jamie Weyeneth

Amy Gordon

Joanna Kerpen

Susan Nash

Erin Haldorson Weber

Jamie Weyeneth

This entry has been created for information and planning purposes. It is not intended to be, nor should it be substituted for, legal advice, which turns on specific facts.

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