---
kind: "section"
citation: "29 C.F.R. § 578.4"
title: "29"
number: "578.4"
heading: "Determination of penalty."
url: "https://uscodex.org/cfr/29/578.4"
---

# §578.4. Determination of penalty.

- (a) In determining the amount of penalty to be assessed for any violation of [section 3(m)(2)(B)](/cfr/29/3.md?p=m-2-B) or repeated or willful violation of [section 6](/cfr/29/6.md) 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;
  - (5) The interval between violations;
  - (6) The number of employees affected; and
  - (7) **Whether there is any pattern to the violations.**

## Notes

### Amendments

[57 FR 49129, Oct. 29, 1992, as amended at 86 FR 52987, Sept. 24, 2021]

### Authority

Authority: 29 U.S.C. 216(e), as amended by sec. 9, Pub. L. 101-157, 103 Stat. 938, sec. 3103, Pub. L. 101-508, 104 Stat. 1388-29, sec. 302(a), Pub. L. 110-233, 122 Stat. 920, and sec. 1201, Div. S., Tit. XII, Pub. L. 115-141, 132 Stat. 348; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note), as amended by sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-358, 1321-373, and sec. 701, Pub. L. 114-74, 129 Stat 584.

### Source

Source: 57 FR 49129, Oct. 29, 1992, unless otherwise noted.

### Amendments

[57 FR 49129, Oct. 29, 1992, as amended at 86 FR 52987, Sept. 24, 2021]