(a) A civil money penalty may be assessed by the Administrator for
each violation of the work contract or these regulations.
(b) In determining the amount of penalty to be assessed for any
violation of the work contract as provided in the H-2A provisions of the
Act or these regulations the Administrator shall consider the type of
violation committed and other relevant factors. The matters which may be
considered include, but are not limited to, the following:
(1) Previous history of violation, or violations of the H-2A
provisions of the Act and these regulations;
(2) The number of workers affected by the violation or violations;
(3) The gravity of the violation or violations;
(4) Efforts made in good faith to comply with the H-2A provisions of
the Act and these regulations;
(5) Explanation of person charged with the violation or violations;
(6) Commitment to future compliance, taking into account the public
health, interest or safety, and whether the person has previously
violated the H-2A provisions of the Act;
(7) The extent to which the violator achieved a financial gain due
to the violation, or the potential financial loss or potential injury to
the workers.
(c) A civil money penalty for violation of the work contract will
not exceed $1,000 for each violation committed against each worker. A
civil money penalty for discrimination or interference with Wage and
Hour investigative authority will not exceed $1,000 for each such act of
discrimination or interference.
