In a rule published May 20, 2026, the Department of Labor (DOL) announced that it will not make an inflation adjustment to civil monetary penalties for 2026 and will continue using the 2025 penalty rates.

Each year, the DOL publishes a final rule establishing the annual adjustment for civil monetary penalties, pursuant to the Inflation Adjustment Act. The adjustment is based on the Bureau of Labor Statistics’ (BLS) October Consumer Price Index for All Urban Consumers (CPI-U). The Inflation Adjustment Act does not allow for an alternative method of calculating penalty adjustments. These adjustments apply across DOL agencies, including the Office of Workers’ Compensation Programs (OWCP), Occupational Safety and Health Administration (OSHA), and Mine Safety and Health Administration (MSHA).

Due to the government shutdown in October, the BLS was unable to produce the October 2025 CPI-U data. In an April 17, 2026 memorandum, the Office of Management and Budget (OMB) informed agencies that, without that data, the 2026 inflation adjustment was cancelled, and 2025 civil monetary penalty levels would remain in effect.

Consistent with OMB guidance, the DOL is not making penalty adjustments for 2026. The DOL advised that in 2027, it 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.”

In 2025, the penalty amounts increased by approximately 2.6%. The current penalties assessed by the OWCP under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901, et seq., remain as follows:

• Section 14(g), 20 C.F.R. § 702.236: failure to report termination of payments (Form LS-208) — $365.00.
• Section 30(e), 20 C.F.R. § 702.204: late report of injury or death (Form LS-202) — up to $29,980.00.
• Section 49, 20 C.F.R. § 702.271(a)(2): discrimination against employees who bring proceedings — $2,998.00 minimum and $14,988.00 maximum.