A little-noticed provision buried in last year’s Genetic Information Nondiscrimination Act (GINA) raised the stakes for employer child-labor violations. It increased the maximum penalty to $50,000 for each child-labor violation that causes serious injury or death of an employee under age 18. The penalty can be doubled if the violation is repeated or “willful.”
A new Department of Labor Field Assistance Bulletin provides guidance that employers can use to determine what types of injuries will trigger this higher fine level. Find the guidance at www.dol.gov/whd/FieldBulletins/fab2010_1.htm.
- Base all decisions on legit business needs--and then be sure to document your reasoning
- Progressive discipline best approach with problem employee
- Don't write wishy-washy policies that make it hard for staff to comply
- Beware new legal threat of accepting 'walk-in' applicants
- Madison Square Garden back in the penalty box