What are the penalties for employers who deny or interfere with FMLA rights?

Employers in California who deny or interfere with FMLA rights can be subject to significant penalties. These can range from warnings, fines, and/or back pay to an employee. In some cases, employers may be ordered to reinstate an employee with back pay and interest. In addition, they could be issued a civil penalty not to exceed $1,000. Furthermore, they may be liable to pay the employee’s attorney’s fees and costs. The penalty for an employer’s bad faith refusal to reinsate an employee or to comply with the requirements of the FMLA is the imposition of a penalty not exceeding $100 for each day of violation. An employer may also be liable for liquidated damages in an amount equal to the amount of any damages for which the employer would be otherwise liable. If an employer willfully violates the FMLA, they may be liable for criminal penalties. This includes fines of up to $10,000 and/or imprisonment of up to six months. In addition, employees can file a complaint with the Department of Labor. The Department of Labor may award monetary damages, including back pay and interest, for violations of the law. Other remedies may include equitable relief, such as requiring the employer to reinstate the employee. This means the employee would be put back into the same position as if they had never been fired or denied FMLA rights.

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