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Content Last Revised: 11/10/88
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 530  

Employment of Homeworkers In Certain Industries

 

 

 

Subpart D  

Civil Money Penalties

29 CFR 530.303 - Considerations in determining amounts.

  • Section Number: 530.303
  • Section Name: 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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