Compliance Penalty Estimator Calculator
Estimate potential regulatory compliance penalties based on violation type, severity level, duration of non-compliance, and organization size. Results are estimates for planning purposes only and do not constitute legal advice.
Formulas Used
Per-Violation Regimes (OSHA, HIPAA, SEC, ADA, FLSA):
Base Penalty = (Min + (Max − Min) × Severity Factor) × Number of Violations
Duration Escalation = Base × min(1 + floor((days − 30) / 30) × 0.10, 3.0) [if duration > 30 days]
Daily Penalty Regimes (EPA, FTC):
Base Penalty = Daily Rate × Severity Factor × Duration (days) × Number of Violations
GDPR (Revenue-Based):
Base Penalty = max(Revenue × Severity %, Statutory Floor) × Number of Incidents
Capped at 2% / €10M (Tier 1) or 4% / €20M (Tier 2) of global annual turnover.
Final Adjusted Penalty:
Final = Base × Cooperation Factor × Prior Violation Multiplier × Organization Size Factor
Assumptions & References
- OSHA: Per-violation penalties per 29 CFR 1903.15; serious violations $1,190–$15,625; willful/repeat up to $156,259 (2024 adjusted figures).
- HIPAA: Per-violation tiers $100–$50,000 per violation, annual cap $1.9M per category (45 CFR §160.404); HHS OCR enforcement discretion applied.
- GDPR: Article 83 GDPR; Tier 1 up to 2% global turnover or €10M; Tier 2 up to 4% or €20M, whichever is higher.
- EPA: Civil penalties up to $70,117/day per violation (40 CFR Part 19; 2024 inflation-adjusted); Clean Air Act, Clean Water Act, RCRA.
- FTC: Civil penalties up to $51,744/day per violation (15 U.S.C. §45; 2024 adjusted); applies to knowing violations of FTC rules/orders.
- SEC: Civil penalties $10,000–$1,000,000 per violation (15 U.S.C. §78u-2); disgorgement and interest additional.
- ADA: First violation up to $75,000; subsequent violations up to $150,000 (42 U.S.C. §12188; DOJ enforcement).
- FLSA: Up to $10,000 per willful violation; civil money penalties for child labor and repeat offenders (29 U.S.C. §216).
- Cooperation and remediation factors reflect typical regulatory agency mitigation guidance (e.g., DOJ Cooperation Credit, HHS OCR mitigation factors).
- Organization size adjustments reflect common regulatory practice of considering ability to pay and deterrence effect.
- Penalty amounts are updated periodically via Federal Civil Penalties Inflation Adjustment Act; figures reflect 2024 levels.
- This tool does not constitute legal advice. Consult a qualified compliance attorney for specific situations.