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Penalties and Your Skating Center There are civil penalties for if an employer fails to comply with federal law. As Shapiro mentioned, it can get expensive for an employer. In some cases, in addition to fines, employers can face lawsuits by individuals and the federal agency responsible for enforcement of the law in question. Penalties can vary, depending on the severity of the violation, the employer’s history of violations, company size and other circumstances. Criminal penalties may apply in extreme situations. For violation of the Affordable Care Act, which oversees group health plans related to Health Care Reform and rules about employer payment plans that reimburse employees for some or all of the expenses for health insurance policies, a civil action can be brought by the Department of Labor or any affected person under the Employee Retirement Income Security Act. Under the federal tax code, an employer could be liable for a $100/day fine per employee. The Employee Polygraph Protection Act prohibits employers from using lie detector tests. Noncompliance could result in civil penalties up to $10,000 per violation. Employers may also be liable to the employee/prospective employee for appropriate legal and equitable relief, including

employment, reinstatement, promotion, and payment of lost wages and benefits. The Equal Pay Act prohibits gender-based wage discrimination for jobs that require equal skill and responsibility. Penalties for noncompliance involve employer liability for back pay, salary increase, attorney’s fees and court costs. The Fair Labor Standards Act establishes minimum wage, overtime pay and child labor standards. If found in violation, employers could be liable for back pay and liquidated damages, as well as civil penalties of up to $1,100 per violation for willful or repeated violations. For child labor violations, a civil penalty of up to $11,000 per worker and $50,000 for each violation that causes death or serious injury may be imposed. Failure to provide Form I-9 for new employees can incur civil fines of $110 to $1,100 per form. Employing a person not authorized to work in the U.S., in violation of the Immigration Reform & Control Act, can result in civil fines of $375 to $3,200 per worker for a first offense. The Occupational Safety and Health Act requires employers to provide safe working conditions. Penalties are based on the nature of the violation and can range from $7,000 for serious violations where there is a substantial

probability of serious physical harm or death to more than $70,000 for willful or repeat violations. Failure to correct a violation carries an additional civil penalty of up to $7,000 per day. Employers with 15 or more employees are subject to penalties if found in violation of the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, the Pregnancy Discrimination Act or Title VII of the Civil Rights Act. Employers with 20 or more employees must comply with the Age Discrimination Act and COBRA requirements. Employers may be liable for a tax penalty of $100 per qualified beneficiary (up to $200 per family) for each day of noncompliance with COBRA. Employers with 50 or more employees must comply with the Family and Medical Leave Act, requiring employers to provide employees jobprotected and unpaid leave for qualified medical and family reasons. Employers are subject to a $110 civil money penalty if they willfully fail to post notice. Employees who believe their rights have been violated can file a complaint with the Wage and Hour Division or file a private lawsuit against the employer in court.

HR360 offers more than 500 forms, documents, videos, state laws, information on how to hire and fire, healthcare, benefits and so much more. To get your FREE username and password, as an RSA member, email membership@rollerskating.com or call 317-347-2626 Ext. 108.

48 / Roller Skating Business Magazine / Volume 25 - Issue 1 www.rollerskating.org

Profile for Roller Skating Association International

Volume 25 / Issue 1  

In this issue of Roller Skating Business Magazine, members will learn all about the new trend of escape rooms, keeping customers safe in a c...

Volume 25 / Issue 1  

In this issue of Roller Skating Business Magazine, members will learn all about the new trend of escape rooms, keeping customers safe in a c...