(a) A penalty of up to $1,000 per violation may be assessed against
any person who repeatedly or willfully violates section 6 (minimum
wage) or section 7 (overtime) of the Act; Provided, however, that for
any violation occurring on or after January 7, 2002 the civil money
penalty amount will increase to up to $1,100. The amount of the penalty
will be determined by applying the criteria in Sec. 578.4.
(b) Repeated violations. An employer's violation of section 6 or
section 7 of the Act shall be deemed to be ``repeated'' for purposes of
this section:
(1) Where the employer has previously violated section 6 or 7 of the
Act, provided the employer has previously received notice, through a
responsible official of the Wage and Hour Division or otherwise
authoritatively, that the employer allegedly was in violation of the
provisions of the Act; or
(2) Where a court or other tribunal has made a finding that an
employer has previously violated section 6 or 7 of the Act, unless an
appeal therefrom which has been timely filed is pending before a court
or other tribunal with jurisdiction to hear the appeal, or unless the
finding has been set aside or reversed by such appellate tribunal.
(c) Willful violations. (1) An employer's violation of section 6 or
section 7 of the Act shall be deemed to be ``willful'' for purposes of
this section where the employer knew that its conduct was prohibited by
the Act or showed reckless disregard for the requirements of the Act.
All of the facts and circumstances surrounding the violation shall be
taken into account in determining whether a violation was willful.
(2) For purposes of this section, an employer's conduct shall be
deemed knowing, among other situations, if the employer received advice
from a responsible official of the Wage and Hour Division to the effect
that the conduct in question is not lawful.
(3) For purposes of this section, an employer's conduct shall be
deemed to be in reckless disregard of the requirements of the Act, among
other situations, if the employer should have inquired further into
whether its conduct was in compliance with the Act, and failed to make
adequate further inquiry.
[57 FR 49129, Oct. 29, 1992; 57 FR 57280, Dec. 3, 1992; 66 FR 63501, Dec. 7, 2001]
