1. FEDERAL EMPLOYMENT LAWS AND APPLICABLE PENALTIES FOR NON‐COMPLIANCE
Employment Law Coverage Penalties for Non‐Compliance
Americans with Disabilities Act
Prohibits employers from 15 or more EEs Same as for Title VII – back pay, reinstatement,
discriminating against individuals retroactive seniority; for international discrimination,
with disabilities possible jury trial with compensatory and punitive
damages up to the maximum established by the Civil
Rights Act of 1991 based on the number of employees:
15 – 100 – Maximum of $50,000
101 – 200 – Maximum of $100,000
201 – 500 – Maximum of $200,000
Over 500 – Maximum of $300,000
Age Discrimination in Employment
Act
Prohibits age discrimination unless 20 or more EEs Back pay, reinstatement, retroactive seniority, and
age is a bona fide occupational attorneys’ fees; liquidated damages equal to the amount
qualification of back pay may be awarded if the violation is willful
COBRA
Employers must offer separated 20 or more EEs ERISA – failure to provide notice: $100 per day per
employees the option of retaining violation until notice is provided to employees or
health insurance at their own beneficiaries
expense IRS – Excise tax of $100 per day per violation for each
qualified beneficiary during the non‐compliance period
A qualified beneficiary who did not receive coverage can
bring a lawsuit against the employer
Consumer Credit Protection Act
Protects employees from 1 or more EE Fine of up to $1,000, one year imprisonment, or both.
termination due to garnished wages Actual damages, punitive damages, and attorneys’ fees
and limits the amount that can be
garnished
ERISA
Ensures that employers provide Covers those Willful violations result in criminal and civil penalties
pension benefits for employees who
voluntarily
establish a
pension and
health plans
Employee Polygraph Protection Act
Prohibits employers from requiring 1 or more EE Up to $10,000 in civil penalties; aggrieved candidates for
employees to submit to lie detector employment may obtain employment; aggrieved
tests employees may be awarded reinstatement, back pay,
and benefits

2. Employment Law Coverage Penalties for Non‐Compliance
Equal Pay Act
Requires all interstate commerce 2 or more EEs Back pay for up to two years, or three years if the
employers to pay men and women violation was willful and liquidated damages in an
equal wages for equal duties amount equal to back pay
Fair Credit Reporting Act
Allows credit‐reporting agencies to 1 or more EE Actual damages, costs and attorneys’ fees; additional
provide financial and personal punitive damages for willful non‐compliance; actual
information on prospective and damages, fines of at least $1,000 plus imprisonment up
current employees to employers to two years for obtaining a report under false pretenses
Fair Labor Standards Act
Sets minimum hourly wages, 1 or more EE Employers who willfully or repeatedly violate the Act
overtime hours, rates and regulates may be penalized up to $10,000 per violation. Second
the employment of children under convictions can impose $10,000 and/or imprisonment
18 for up to 6 months
Family and Medical Leave Act
Provides 12 weeks of unpaid leave to 50 or more EEs EEs may recover back pay and benefits with interest, as
eligible employees in the case of the well as reinstatement and/or promotion. Attorneys’ fees
birth of a child or the care of a and costs may also be awarded
spouse or child
Health Insurance Portability and
Accountability Act
Creates standards to protect an 2 or more EEs $100 per day for each employee up to $500,000 for
individual’s medical records and willful violations
other personal health information
Immigration Reform and Control Act
Prohibits the hiring of illegal aliens 1 or more EE Civil fines of $100 to $10,000 per violation for record
and requires employers to verify an keeping and employment violations. Back pay/front pay
employee’s eligibility to work in this and attorneys’ fee for discriminatory actions. Criminal
country penalties may be imposed for repeated violations
New Hire Reporting
Requires that employers submit 1 or more EE Pursuant to federal law, states have the option of
information on new employees imposing civil monetary penalties on employers who fail
within 20 days of hire to report new hires. The fine can be up to $25 per newly
hired employee, and if there is a conspiracy between the
employer and employee not to report, the penalty can
be up to $500 per newly hired employee
Occupational Safety and Health Act
Requires safe and healthful working 1 or more EE Civil penalties up to $1,000 for individual violations; up
conditions and authorizes the to $10,000 for repeated and willful violations; back pay
enforcement of certain occupational and reinstatement for employees who suffer
safety and health standards discrimination

3. Employment Law Coverage Penalties for Non‐Compliance
Title VII
Prohibits employment discrimination 15 or more EEs Remedies of back pay, reinstatement, retroactive
based on race, color, sex, religion or seniority; for intentional discrimination, possible jury
national origin trial with compensatory and punitive damages up to the
maximum established by the Civil Rights Act of 1991
based on the number of EEs:
15 – 100 – Maximum of $50,000
101 – 200 – Maximum of $100,000
201 – 500 – Maximum of $200,000
Over 500 – Maximum of $300,000
Uniformed Services Employment &
Reemployments Rights Act (USERA)
Is intended to minimize the 1 or more EE Back pay and benefits and liquidated damages (if
disadvantages to an individual when conduct was willful)
that person needs to be absent to
serve in this country’s uniformed
services
Worker Adjustment and Retraining
Notification Act
100 or more Back pay and lost benefits, including medical expenses
Imposes restrictions on the way EEs which would have otherwise been paid for up to 60 days,
layoffs are handled as well as attorneys’ fees. Class action suits are allowed
but punitive damages will not be awarded