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Electronic Code of Federal Regulations

e-CFR data is current as of June 4, 2020

Title 29Subtitle BChapter VSubchapter APart 530Subpart D → §530.303


Title 29: Labor
PART 530—EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES
Subpart D—Civil Money Penalties


§530.303   Considerations in determining amounts.

(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.

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