Considerations in determining amounts.

§ 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.