[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR578.4]

[Page 304-305]
 
                             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 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;

[[Page 305]]

    (5) The interval between violations;
    (6) The number of employees affected; and
    (7) Whether there is any pattern to the violations.