29 CFR § 530.303 - Considerations in determining amounts.
---identifier: "/us/cfr/t29/s530.303"source: "ecfr"legal_status: "authoritative_unofficial"title: "29 CFR § 530.303 - Considerations in determining amounts."title_number: 29title_name: "Labor"section_number: "530.303"section_name: "Considerations in determining amounts."chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"subchapter_number: "A"subchapter_name: "REGULATIONS"part_number: "530"part_name: "EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat. 584."regulatory_source: "24 FR 729, Feb. 3, 1959, unless otherwise noted."cfr_part: "530"---
Identifier
/us/cfr/t29/s530.303
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Wage and Hour Division, Department of Labor
Authority
Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal C... Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat. 584.
# 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.