(a) When the determination of the amount of any civil money penalty
provided for in this part becomes final under Sec. 580.5 in accordance
with the administrative assessment thereof, or pursuant to the decision
and order of an Administrative Law Judge in an administrative proceeding
as provided in Sec. 580.12, or the decision of the Board pursuant to
Sec. 580.16, the amount of the penalty as thus determined is
immediately due and payable to the U.S. Department of Labor. The person
against whom such penalty has been assessed or imposed shall promptly
remit the amount thereof, as finally determined. The payment shall be by
certified check or by money order, made payable to the order of the Wage
and Hour Division, and shall be delivered or mailed to the District
Office of the Wage and Hour Division which issued and served the
original notice of the penalty.
(b) Pursuant to section 16(e) of the Act, the amount of the penalty,
finally determined as provided in Sec. 580.5, Sec. 580.12 or Sec.
580.16, may be:
(1) Deducted from any sums owing by the United States to the person
charged. To effect this, any agency having sums owing from the United
States to such person shall, on the request of the Secretary, withhold
the specific amount of the penalty from the sums owed to the person so
charged and remit the amount to the Secretary to satisfy the amount of
the penalty assessed;
(2) Recovered in a civil action brought by the Secretary in any
court of competent jurisdiction, in which litigation the Secretary shall
be represented by the Solicitor of Labor. When the person against whom a
final determination assessing a civil money penalty has been made does
not voluntarily remit the amount of such penalty to the Secretary within
a reasonable time after notification to do so, the Solicitor of Labor
may institute such an action to recover the amount of the penalty; or
(3) Ordered by the court, in an action brought for a violation of
section 15(a)(4) or a repeated or willful violation of section 15(a)(2),
to be paid to the Secretary. Any such unlawful act or practice may be
enjoined by the United States district courts under section 17 upon
court action, filed by the Secretary; and failure of the person so
enjoined to comply with the court order may subject such person to
contempt proceedings. A willful violation of section 6, 7, or 12 of the
Act may subject the offender to the penalties provided in section 16(a)
of the Act, enforced by the Department of Justice in criminal
proceedings in the United States courts. In any of the foregoing civil
or criminal proceedings, the court may order the payment to the
Secretary of the civil penalty finally assessed by the Secretary.
[56 FR 24991, May 31, 1991, as amended at 69 FR 75406, Dec. 16, 2004]
