§ 530.303. Considerations in determining amounts.
124 words·~1 min read·
/us/cfr/t29/s§ 530.303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In determining the amount of a penalty within any range, the Administrator shall take into account the presence or absence of circumstances such as the following:
(1)Good faith attempts to comply with the Act or regulations;
(2)Extent to which the violation is under the employer's control;
(3)Non-culpable ignorance of the requirements of the Act or regulations;
(4)False documents or representations; and
(5)Exercise of due care.
(b)An employer's financial inability to meet obligations under the Act shall not constitute a mitigating or extenuating circumstance.
(c)No civil money penalty shall be assessed against an employer, who applies for a certificate, solely for employing homeworkers, provided the employer is not currently under investigation by the Wage and Hour Division.