---
kind: "section"
citation: "29 C.F.R. § 530.303"
title: "29"
number: "530.303"
heading: "Considerations in determining amounts."
url: "https://uscodex.org/cfr/29/530.303"
---

# §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.

## Notes

### Source

Source: 53 FR 45724, Nov. 10, 1988, unless otherwise noted.

### Authority

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.

### Source

Source: 24 FR 729, Feb. 3, 1959, unless otherwise noted.