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  • News: DHS, DOL Interim Final Rule on Civil Penalties Inflation Adjustment for H-2B Workers

    [Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
    [Rules and Regulations]
    [Pages 42983-42986]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2016-15679]
    
    
    
    ========================================================================
    Rules and Regulations
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains regulatory documents 
    having general applicability and legal effect, most of which are keyed 
    to and codified in the Code of Federal Regulations, which is published 
    under 50 titles pursuant to 44 U.S.C. 1510.
    
    The Code of Federal Regulations is sold by the Superintendent of Documents. 
    Prices of new books are listed in the first FEDERAL REGISTER issue of each 
    week.
    
    ========================================================================
    
    
    Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules 
    and Regulations
    
    [[Page 42983]]
    
    
    
    DEPARTMENT OF HOMELAND SECURITY
    
    [CIS No. 2585-16]
    RIN 1615-AC10
    
    DEPARTMENT OF LABOR
    
    Wage and Hour Division
    
    29 CFR Part 503
    
    RIN 1235-AA15
    
    
    Department of Homeland Security and Department of Labor Federal 
    Civil Penalties Inflation Adjustment Act Catch-Up Adjustments for the 
    H-2B Temporary Non-agricultural Worker Program
    
    AGENCY: Department of Homeland Security; Wage and Hour Division, 
    Department of Labor.
    
    ACTION: Interim final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The U.S. Department of Homeland Security (DHS) and the U.S. 
    Department of Labor (DOL) (collectively, ``the Departments'') are 
    jointly issuing this interim final rule to adjust the amounts of civil 
    monetary penalties assessed or enforced in connection with the 
    employment of temporary nonimmigrant workers under the H-2B program. 
    The Federal Civil Penalties Inflation Adjustment Act Improvements Act 
    of 2015 (Inflation Adjustment Act) requires agencies to adjust the 
    levels of civil monetary penalties with an initial catch-up adjustment, 
    followed by annual adjustments for inflation. The Departments are 
    required to calculate the catch-up and subsequent annual adjustments 
    based on the Consumer Price Index for all Urban Consumers. The 
    Departments must publish the interim final rule by July 1, 2016, and 
    the new penalty levels must be effective no later than August 1, 2016. 
    The increased penalty levels will apply to all penalties assessed after 
    the effective date, August 1, 2016, for associated violations that 
    occurred after November 2, 2015, as discussed below.
    
    DATES: This interim final rule is effective August 1, 2016. The 
    adjusted civil penalty amounts are applicable only to civil penalties 
    assessed after August 1, 2016, whose associated violations occurred 
    after November 2, 2015, the date of enactment of the Inflation 
    Adjustment Act. Therefore, violations occurring on or before November 
    2, 2015, as well as assessments made prior to August 1, 2016 whose 
    associated violations occurred after November 2, 2015, will continue to 
    be subject to the civil monetary penalty amounts currently set forth in 
    the regulations in 29 CFR part 503 (2015). Interested persons are 
    invited to submit written comments on this interim final rule on or 
    before August 15, 2016.
    
    ADDRESSES: You may submit comments, identified by Regulatory 
    Information Number (RIN) 1235-AA15, by either of the following methods:
        Electronic Comments: Comments may be sent via http://www.regulations.gov, a Federal E-Government Web site that allows the 
    public to find, review, and submit comments on documents that agencies 
    have published in the Federal Register and that are open for comment. 
    Simply type in ``Department of Homeland Security and Department of 
    Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up 
    Adjustments'' (in quotes) in the Comment or Submission search box, 
    click Go, and follow the instructions for submitting comments.
        Mail: Address written submissions to Robert Waterman, Compliance 
    Specialist, Wage and Hour Division, U.S. Department of Labor, Room S-
    3510, 200 Constitution Avenue NW., Washington, DC 20210.
        Instructions: Please submit only one copy of your comments by only 
    one method. All submissions must include the agencies' names and the 
    RIN 1235-AA15. Please be advised that comments received will become a 
    matter of public record and will be posted without change to http://www.regulations.gov, including any personal information provided. 
    Comments that are mailed must be received by the date indicated for 
    consideration.
        Docket: For access to the docket to read background documents or 
    comments, go to the Federal e-Rulemaking Portal at http://www.regulations.gov.
    
    FOR FURTHER INFORMATION CONTACT: Pamela Peters, Program Analyst, U.S. 
    Department of Labor, Room S-2312, 200 Constitution Avenue NW., 
    Washington, DC 20210; telephone: (202) 693-5959 (this is not a toll-
    free number). Copies of this interim final rule may be obtained in 
    alternative formats (large print, Braille, audio tape or disc), upon 
    request, by calling (202) 693-5959 (this is not a toll-free number). 
    TTY/TDD callers may dial toll-free 1-877-889-5627 to obtain information 
    or request materials in alternative formats.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Regulatory Information
    
        The U.S. Department of Homeland Security (DHS) and U.S. Department 
    of Labor (DOL) (collectively, ``the Departments'') are promulgating 
    this interim final rule to ensure that the amount of civil penalties 
    assessed or enforced in our joint rules reflect the statutorily 
    mandated maximum as adjusted for inflation. Pursuant to the Federal 
    Civil Penalties Inflation Adjustment Act Improvements Act of 2015 
    (``Inflation Adjustment Act''), the Departments are required to 
    promulgate a ``catch-up adjustment'' through an interim final rule. 
    Pursuant to the Inflation Adjustment Act and 5 U.S.C. 553(b)(3)(B), the 
    Departments find that good cause exists for issuance of this interim 
    final rule without prior notice and comment. By operation of the 
    Inflation Adjustment Act, the Departments must publish the catch-up 
    adjustment by July 1, 2016, and the rule must be effective no later 
    than August 1, 2016. The Inflation Adjustment Act further provides that 
    the increased penalty levels apply to any penalties assessed after the 
    effective date of the increase. Additionally, the Inflation Adjustment 
    Act provides a clear formula for adjustment of the civil penalties, 
    leaving the agencies little room for discretion. Both because of the 
    requirement for action by July 1 of this year, and because of the 
    mechanistic nature of the rulemaking, the Departments find that notice 
    and comment prior to issuing the inflation adjustment would be 
    impracticable and unnecessary, respectively, in addition to
    
    [[Page 42984]]
    
    being contrary to the language of the Inflation Adjustment Act.
    
    II. Background
    
    Inflation Adjustment Act
    
        On November 2, 2015, the President signed into law the Federal 
    Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. 
    L. 114-74, 701 (``Inflation Adjustment Act''), which further amended 
    the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. 
    101-410, as previously amended by the 1996 Debt Collection Improvement 
    Act (collectively, the ``Prior Inflation Adjustment Act''), to improve 
    the effectiveness of civil monetary penalties and to maintain their 
    deterrent effect. The Inflation Adjustment Act requires agencies to: 
    (1) adjust the level of civil monetary penalties with an initial 
    ``catch-up'' adjustment through an interim final rulemaking; and (2) 
    make subsequent annual adjustments for inflation.
        The method of calculating inflation adjustments in the Inflation 
    Adjustment Act differs substantially from the methods used in past 
    inflation adjustment rulemakings conducted pursuant to the Prior 
    Inflation Act. Previously, adjustments to civil penalties were 
    conducted under rules that required significant rounding of figures. 
    For example, a penalty increase that was greater than $1,000, but less 
    than or equal to $10,000, would be rounded to the nearest multiple of 
    $1,000. While this allowed penalties to be kept at round numbers, it 
    meant that penalties would often not be increased at all if the 
    inflation factor was not large enough. Furthermore, increases to 
    penalties were capped at 10 percent. Over time, this formula caused 
    penalties to lose value relative to total inflation.
        The Inflation Adjustment Act has removed these rounding rules; now, 
    penalties are simply rounded to the nearest $1. This rounding ensures 
    that penalties will be increased each year to a figure commensurate 
    with the actual calculated inflation, and ensures that penalties are 
    more easily and consistently updated. Furthermore, the Inflation 
    Adjustment Act ``resets'' the inflation calculations by excluding prior 
    inflationary adjustments under the Prior Inflation Act, which 
    contributed to a decline in the real value of penalty levels. To do 
    this, the Inflation Adjustment Act requires agencies to identify, for 
    each penalty, the year and corresponding amount(s) for which the 
    maximum penalty level or range of minimum and maximum penalties was 
    established (i.e., originally enacted by Congress or by regulation) or 
    last adjusted other than pursuant to the Prior Inflation Act.
        Pursuant to the Inflation Adjustment Act, the Departments have 
    reviewed the civil penalties for the H-2B program that are enforced by 
    the Department of Labor. This interim final rule sets forth the initial 
    ``catch-up'' adjustment only for these civil penalties. As required by 
    the Inflation Adjustment Act, these civil penalties levels will 
    subsequently be adjusted annually for inflation.
    
    DOL's Enforcement Authority in the H-2B Program
    
        The Immigration and Nationality Act (INA) establishes the H-2B 
    nonimmigrant classification for a non-agricultural temporary worker 
    ``having a residence in a foreign country which he has no intention of 
    abandoning who is coming temporarily to the United States to perform . 
    . . temporary [non-agricultural] service or labor if unemployed persons 
    capable of performing such service or labor cannot be found in this 
    country.'' 8 U.S.C. 1101(a)(15)(H)(ii)(b), INA section 
    101(a)(15)(H)(ii)(b). DHS, which is charged with administration of the 
    H-2B program, may grant a petition for an H-2B nonimmigrant worker 
    ``after consultation with appropriate agencies of the Government.'' 8 
    U.S.C. 1184(c)(1), INA section 214(c)(1). DHS regulations therefore 
    provide that an H-2B petition for temporary employment in the United 
    States must be accompanied by an approved temporary labor certification 
    from DOL. 8 CFR 214.2(h)(6)(iii)(A) and (iv)(A). The temporary labor 
    certification serves as DHS's consultation with DOL with respect to 
    whether a qualified U.S. worker is available to fill the petitioning H-
    2B employer's job opportunity and whether a foreign worker's employment 
    in the job opportunity will adversely affect the wages or working 
    conditions of similarly employed U.S. workers. See 8 CFR 
    214.2(h)(6)(iii)(A) and (D).\1\
    ---------------------------------------------------------------------------
    
        \1\ DHS requires DOL to structure this consultative process by 
    issuing regulations. Id. (requiring the Secretary of Labor ``to 
    separately establish for the temporary labor program under his or 
    her jurisdiction, by regulation at 20 CFR 655, procedures for 
    administering that temporary labor program under his or her 
    jurisdiction'').
    ---------------------------------------------------------------------------
    
        The INA also authorizes DHS to impose appropriate remedies, 
    including civil monetary penalties, against an employer for a 
    substantial failure to meet the terms and conditions of employing an H-
    2B nonimmigrant worker, or for a willful misrepresentation of a 
    material fact in a petition for an H-2B nonimmigrant worker. 8 U.S.C. 
    1184(c)(14)(A), INA section 214(c)(14)(A). The INA expressly and 
    specifically authorizes DHS to delegate to DOL the aforementioned H-2B 
    enforcement authorities. 8 U.S.C. 1184(c)(14)(B), INA section 
    214(c)(14)(B). DHS has delegated this authority to DOL, including 
    authority over the civil monetary penalty established by law at 
    associated 8 U.S.C. 1184(c)(14)(A)(i), INA section 214(c)(14)(A)(i). 
    See DHS, Delegation of Authority to DOL under Section 214(c)(14)(A) of 
    the Immigration and Nationality Act (Jan. 16, 2009) (available in the 
    online docket for this Interim Final Rule at http://www.regulations.gov, in the Supporting Documents section); see 8 CFR 
    214.2(h)(6)(ix) (stating that DOL may investigate employers to enforce 
    compliance with the conditions of, among other things, an H-2B petition 
    and a DOL-approved temporary labor certification). Consistent with 8 
    CFR 214.2(h)(6)(ix) and DHS's delegation of statutory enforcement 
    authority, DOL has authority to independently set, adjust, and impose 
    civil monetary penalties under 8 U.S.C. 1184(c)(14)(A)(i), INA section 
    214(c)(14)(A)(i), and the Inflation Adjustment Act, amending the Prior 
    Inflation Act.
    
    Joint Issuance
    
        On April 29, 2015, following a court's vacatur of nearly all of 
    DOL's H-2B regulations, the Departments jointly promulgated an interim 
    final rule governing DOL's role in enforcing the statutory and 
    regulatory rights and obligations applicable to employment under the H-
    2B program. See Temporary Non-Agricultural Employment of H-2B Aliens in 
    the United States, 80 FR 24,042 (Apr. 29, 2015) (codified at 8 CFR part 
    214, 20 CFR part 655, and 29 CFR part 503) (``2015 H-2B IFR''). These 
    regulations include a provision regarding the assessment of civil 
    monetary penalties by the Department of Labor. See 29 CFR 503.23.
        As explained in the 2015 H-2B IFR, following conflicting legal 
    decisions about the Department of Labor's authority to independently 
    issue legislative rules to carry out its duties for the H-2B program 
    under the INA, the Departments jointly issued the 2015 H-2B IFR ``to 
    ensure that there can be no question about the authority for and 
    validity of the regulations in this area.'' See 80 FR 24,045; see also 
    24,044-47. The Departments further explained that by issuing the 2015 
    H-2B IFR jointly, ``the Departments affirm that this rule is fully 
    consistent with the INA and implementing DHS regulations and is vital 
    to DHS's ability to faithfully
    
    [[Page 42985]]
    
    implement the statutory labor protections attendant to the program.'' 
    Id.
        Litigation on these and related matters is ongoing. Accordingly, 
    notwithstanding that DOL has authority to independently issue this 
    inflation adjustment, and to ensure that there can be no question about 
    the authority underlying this action, DHS and DOL are jointly issuing 
    this Interim Final Rule.\2\ The Interim Final Rule implements the 
    Federal Civil Penalties Inflation Adjustment Act's requirements with 
    respect to the civil monetary penalty provisions found at 29 CFR 
    503.23.
    ---------------------------------------------------------------------------
    
        \2\ Consistent with DOL's delegated authority under 8 U.S.C. 
    1184(c)(14), INA section 214(c)(14) and the Federal Civil Penalties 
    Inflation Adjustment Act, DOL will make future adjustments to the 
    civil monetary penalty.
    ---------------------------------------------------------------------------
    
    III. Analysis
    
        Section 214(c)(14) of the INA, 8 U.S.C. 1184(c)(14), provides for 
    the imposition of civil money penalties for a substantial failure to 
    meet the terms and conditions of employing an H-2B nonimmigrant worker, 
    or for a willful misrepresentation of a material fact in a petition for 
    an H-2B nonimmigrant worker. This civil money penalty appears in 
    regulation at 29 CFR 503.23. Applicable violations include those 
    related to wages, impermissible deductions, prohibited fees and 
    expenses, and improper refusal to employ or hire U.S. workers, among 
    others. Existing Sec.  503.23(b), (c), and (d) provide for a civil 
    money penalty not to exceed $10,000 per violation. The maximum penalty 
    amount last established by statute or regulation other than the 
    Inflation Adjustment Act was $10,000 in 2005 and is the same as the 
    existing maximum penalty amount. See Save Our Small and Seasonal 
    Businesses Act of 2005, Title IV of Pub. L. 109-13, 404 (May 11, 2005).
        To adjust the existing civil money penalty for this section, the 
    Departments multiplied that maximum penalty amount by the inflation 
    adjustment factor for 2005 of 1.19397, which resulted in a penalty of 
    $11,940. The amount of the increase from $10,000 to $11,940 is $1,940, 
    which is less than the statutory cap of 150% of the existing $10,000 
    penalty, which is $15,000; accordingly, the amount of the increase is 
    not limited by the statutory cap. Consequently, Sec.  503.23(b), (c), 
    and (d) are revised to increase the maximum penalties for these 
    violations from $10,000 to $11,940 per violation.
        The Departments invite comments on the calculations outlined in 
    this interim final rule.
    
    IV. Paperwork Reduction Act
    
        The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
    that the Departments consider the impact of paperwork and other 
    information collection burdens imposed on the public. The Departments 
    have determined that this interim final rule does not require any 
    collection of information.
    
    V. Executive Orders 12866: Regulatory Planning and Review; and 
    Executive Order 13563: Improving Regulation and Regulatory Review
    
        Executive Order 12866 requires that regulatory agencies assess both 
    the costs and benefits of significant regulatory actions. Under the 
    Executive Order, a ``significant regulatory action'' is one meeting any 
    of a number of specified conditions, including the following: Having an 
    annual effect on the economy of $100 million or more; creating a 
    serious inconsistency or interfering with an action of another agency; 
    materially altering the budgetary impact of entitlements or the rights 
    of entitlement recipients, or raising novel legal or policy issues.
        The Departments have determined that this interim final rule is not 
    a ``significant'' regulatory action and a cost-benefit and economic 
    analysis is not required. This regulation merely adjusts civil monetary 
    penalties in accordance with inflation as required by the Inflation 
    Adjustment Act, and has no impact on disclosure or compliance costs. 
    The benefit provided by the inflationary adjustment to the maximum 
    civil monetary penalties is that of maintaining the incentive for the 
    regulated community to comply with the laws enforced by the 
    Departments, and not allowing the incentive to be diminished by 
    inflation.
        Executive Order 13563 directs agencies to assess all costs and 
    benefits of available regulatory alternatives and, if regulation is 
    necessary, to select regulatory approaches that maximize net benefits 
    (including potential economic, environmental, public health and safety 
    effects, distributive impacts, and equity). Executive Order 13563 
    emphasizes the importance of quantifying both costs and benefits, 
    reducing costs, harmonizing rules, and promoting flexibility to 
    minimize burden.
        As provided by Section 701(b)(1)(A) of the Inflation Adjustment 
    Act, the Departments considered whether to publish a notice of proposed 
    rulemaking to explore whether increasing the civil monetary penalty by 
    the otherwise-required amount will have a negative economic impact or 
    whether the social costs of increasing the civil monetary penalty by 
    the otherwise required amount outweighs the benefits. The Departments 
    determined that no such proposed rule is necessary given the modest 
    increases to statutory penalties provided by the Inflation Adjustment 
    Act, especially given the statutory cap.
        In that context, Congress has already determined that any possible 
    increase in costs is justified by the overall benefits of such 
    adjustments. This interim final rule makes only the statutory changes 
    outlined herein; thus there are no alternatives or further analysis 
    required by E.O. 13563.
    
    VI. Regulatory Flexibility Act and Small Business Regulatory 
    Enforcement Fairness Act
    
        The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), imposes 
    certain requirements on Federal agency rules that are subject to the 
    notice and comment requirements of the APA, 5 U.S.C. 553(b), and that 
    are likely to have a significant economic impact on a substantial 
    number of small entities. This interim final rule is exempt from the 
    notice and comment requirements of the APA because the Inflation 
    Adjustment Act directed agencies to issue an interim final rule. 
    Moreover, pursuant to the Inflation Adjustment Act and 5 U.S.C. 
    553(b)(3)(B), the Departments find that good cause exists for issuing 
    this interim final rule without prior notice and comment. By operation 
    of the Inflation Adjustment Act, the Departments must publish the 
    catch-up adjustment by July 1, 2016, and the rule must be effective no 
    later than August 1, 2016. Additionally, the Inflation Adjustment Act 
    provides a clear formula for adjustment of the civil penalties, leaving 
    the agencies little room for discretion. For these reasons, the 
    Departments find that providing notice and comment before issuing the 
    IFR would be impracticable and unnecessary in this situation and 
    contrary to the language of the Inflation Adjustment Act.
        Therefore, the requirements of the RFA applicable to notices of 
    proposed rulemaking, 5 U.S.C. 603, do not apply to this interim final 
    rule. Accordingly, the Departments are not required to either certify 
    that the interim final rule would not have a significant economic 
    impact on a substantial number of small entities or conduct a 
    regulatory flexibility analysis. Indeed, the rule only adjusts for the 
    effects of inflation.
    
    [[Page 42986]]
    
    VII. Other Regulatory Considerations
    
    A. The Unfunded Mandates Reform Act of 1995
    
        Because the interim final rule simply adjusts for inflation, it 
    does not include any Federal mandate that may result in increased 
    expenditures by State, local, or tribal governments; nor does it 
    increase private sector expenditures by more than $100 million 
    annually; nor does it significantly or uniquely affect small 
    governments. Accordingly, the Unfunded Mandates Reform Act of 1995 (2 
    U.S.C. 1501 et seq.) requires no further agency action or analysis.
    
    B. Executive Order 13132: Federalism
    
        This interim final rule does not have federalism implications 
    because it does not have substantial direct effects on the States, on 
    the relationship between the national government and the States, or on 
    the distribution of power and responsibilities among the various levels 
    of government. Accordingly, Executive Order 13132, Federalism, requires 
    no further agency action or analysis.
    
    C. Executive Order 13175, Indian Tribal Governments
    
        This interim final rule does not have ``tribal implications'' 
    because it does not have substantial direct effects on one or more 
    Indian tribes, on the relationship between the Federal government and 
    Indian tribes, or on the distribution of power and responsibilities 
    between the Federal government and Indian tribes. Accordingly, 
    Executive Order 13175, Consultation and Coordination with Indian Tribal 
    Governments, requires no further agency action or analysis.
    
    D. The Treasury and General Government Appropriations Act of 1999: 
    Assessment of Federal Regulations and Policies on Families
    
        This interim final rule will have no effect on family well-being or 
    stability, marital commitment, parental rights or authority, or income 
    or poverty of families and children. Accordingly, section 654 of the 
    Treasury and General Government Appropriations Act of 1999 (5 U.S.C. 
    601 note) requires no further agency action, analysis, or assessment.
    
    E. Executive Order 13045: Protection of Children From Environmental 
    Health Risks and Safety Risks
    
        This interim final rule will have no adverse impact on children. 
    Accordingly, Executive Order 13045, Protection of Children from 
    Environmental Health Risks and Safety Risks, as amended by Executive 
    Orders 13229 and 13296, requires no further agency action or analysis.
    
    F. Environmental Impact Assessment
    
        This action is one of a category of actions that do not 
    individually or cumulatively have a significant effect on the human 
    environment. This action is therefore categorically excluded from 
    further review under the National Environmental Policy Act of 1969 
    (NEPA), 42 U.S.C. 4321-4375.
    
    G. Executive Order 13211, Energy Supply
    
        This interim final rule has not been identified to have impacts on 
    energy supply. Accordingly, Executive Order 13211 requires no further 
    Agency action or analysis.
    
    H. Executive Order 12630, Constitutionally Protected Property Rights
    
        This interim final rule will not implement a policy with takings 
    implications. Accordingly, Executive Order 12630, Governmental Actions 
    and Interference with Constitutionally Protected Property Rights, 
    requires no further agency action or analysis.
    
    I. Executive Order 12988, Civil Justice Reform Analysis
    
        This interim final rule was drafted and reviewed in accordance with 
    Executive Order 12988, Civil Justice Reform. This interim final rule 
    was written to provide a clear legal standard for affected conduct and 
    was carefully reviewed to eliminate drafting errors and ambiguities, so 
    as to minimize litigation and undue burden on the Federal court system. 
    The Departments have determined that this interim final rule meets the 
    applicable standards provided in section 3 of Executive Order 12988.
    
    List of Subjects in 29 CFR Part 503
    
        Administrative practice and procedure, Aliens, Employment, Housing, 
    Immigration, Labor, Penalties, Transportation, Wages.
    
        Accordingly, for the reasons stated in the preamble, 29 CFR part 
    503 is amended as follows:
    
    PART 503-ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-
    AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY 
    ACT
    
    0
    1. The authority citation for part 503 is revised to read as follows:
    
        Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C. 1184; 8 CFR 
    214.2(h); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation 
    Adjustment Act of 1990); Pub. L. 114-74 at Sec.  701.
    
    
    0
    2. Amend Sec.  503.23 by revising paragraph (b), the first sentence of 
    paragraph (c), and paragraph (d) to read as follows:
    
    
    Sec.  503.23  Civil money penalty assessment.
    
    * * * * *
        (b) Upon determining that an employer has violated any provisions 
    of Sec.  503.16 related to wages, impermissible deductions or 
    prohibited fees and expenses, the Administrator, WHD, may assess civil 
    money penalties that are equal to the difference between the amount 
    that should have been paid and the amount that actually was paid to 
    such worker(s), not to exceed $11,940 per violation.
        (c) Upon determining that an employer has terminated by layoff or 
    otherwise or has refused to employ any worker in violation of Sec.  
    503.16(r), (t), or (v), within the periods described in those sections, 
    the Administrator, WHD may assess civil money penalties that are equal 
    to the wages that would have been earned but for the layoff or failure 
    to hire, not to exceed $11,940 per violation. * * *
        (d) The Administrator, WHD, may assess civil money penalties in an 
    amount not to exceed $11,940 per violation for any other violation that 
    meets the standards described in Sec.  503.19.
    * * * * *
    
        Signed at Washington, DC this 28th day of June, 2016.
    Jeh Charles Johnson,
    Secretary of Homeland Security.
        Signed at Washington, DC this 23 day of June, 2016.
    Thomas E. Perez,
    Secretary of Labor.
    [FR Doc. 2016-15679 Filed 6-30-16; 8:45 am]
     BILLING CODE 4510-27-9111-97-P
    
    
    
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