Labor Seeks Feedback on Paperwork for a Law Against Workplace Lie Detectors
Published Date: 10/28/2026
Notice
Summary
The Department of Labor is asking for public feedback on its paperwork related to the Employee Polygraph Protection Act, which stops most private employers from using lie detector tests. This affects private employers and some special government-related jobs. Comments are due by November 27, 2026, and penalties for breaking the rules may go up due to inflation adjustments.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
Penalties for EPPA violations increase annually
The Wage and Hour Division may assess civil money penalties against employers who violate any EPPA provision, and those penalty amounts increase annually under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Private employer ban on polygraphs
The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using any lie detector tests for pre-employment screening or during employment. The Act exempts federal, state, and local government employers.
Narrow exceptions allow some polygraph use
EPPA contains specific, limited exemptions where polygraph tests are permitted: testing by the federal government of experts/consultants or employees of federal contractors engaged in national security intelligence or counterintelligence; testing of employees an employer reasonably suspects of involvement in a workplace incident causing economic loss or injury; some prospective employees of private armored car, security alarm, and security guard firms; and some current and prospective employees of firms authorized to manufacture, distribute, or dispense controlled substances.
Estimated paperwork burden for businesses
The Department estimates this information collection affects the private sector with 164,000 total respondents, 757,400 total responses, and a total estimated annual time burden of 68,739 hours; total estimated annual other costs are $0. The request is submitted for OMB review under OMB Control Number 1235-0005.
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