(a) In determining the amount of penalty to be assessed for any
repeated or willful violation of section 6 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.
