[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR578.4]

[Page 349-350]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 578_MINIMUM WAGE AND OVERTIME VIOLATIONS_CIVIL MONEY PENALTIES
--Table of Contents
 
Sec. 578.4  Determination of penalty.

    (a) In determining the amount of penalty to be assessed for any 
repeated or willful violation of section 6 or section 7 of the Act, the 
Administrator shall consider the seriousness of the violations and the 
size of the employer's business.
    (b) Where appropriate, the Administrator may also consider other 
relevant

[[Page 350]]

factors in assessing the penalty, including but not limited to the 
following:
    (1) Whether the employer has made efforts in good faith to comply 
with the provisions of the Act and this part;
    (2) The employer's explanation for the violations, including whether 
the violations were the result of a bona fide dispute of doubtful legal 
certainty;
    (3) The previous history of violations, including whether the 
employer is subject to injunction against violations of the Act;
    (4) The employer's commitment to future compliance;
    (5) The interval between violations;
    (6) The number of employees affected; and
    (7) Whether there is any pattern to the violations.