Content Last Revised: 1/19/95 ---DISCLAIMER---

CFR	Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 20

Employees' Benefits

Chapter V

Employment and Training Administration, Department of Labor

Part 655

Temporary Employment of Aliens In the United States

Subpart G

Enforcement of the Limitations Imposed on Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports

• Section Number: 655.620
• Section Name: Civil money penalties and other remedies.

    (a) The Administrator may assess a civil money penalty not to exceed 

$5,000 for each alien crewmember with respect to whom there has been a 

violation of the attestation or subpart F or G of this part. The 

Administrator may also impose appropriate remedy(ies).

    (b) In determining the amount of civil money penalty to be assessed, 

the Administrator shall consider the type of violation committed and 

other relevant factors. The factors which may be considered include, but 

are not limited to, the following:

    (1) Previous history of violation, or violations, by the employer 

under the Act and subpart F or G of this part;

    (2) The number of workers affected by the violation or violations;

    (3) The gravity of the violation or violations;

    (4) Efforts made by the violator in good faith to comply with the 

provisions of 8 U.S.C. 1288(c) and subparts F and G of this part;

    (5) The violator's explanation of the violation or violations;

    (6) The violator's commitment to future compliance; and/or

    (7) The extent to which the violator achieved a financial gain due 

to the violation, or the potential financial loss, potential injury or 

adverse effect with respect to other parties.

    (c) The civil money penalty, and any other remedy determined by the 

Administrator to be appropriate, are immediately due for payment or 

performance upon the assessment by the Administrator, or the decision by 

an administrative law judge where a hearing is requested, or the 

decision by the Secretary where review is granted. The employer shall 

remit the amount of the civil money penalty, by certified check or money 

order made payable to the order of ``Wage and Hour Division, Labor.'' 

The remittance shall be delivered or mailed to the Wage and Hour 

Division office for the area in which the violations occurred. The 

performance of any other remedy prescribed by

the Administrator shall follow procedures established by the 

Administrator. The employer's failure to pay the civil money penalty, or 

to perform any other remedy prescribed by the Administrator, shall 

result in the rejection by ETA of any future attestation submitted by 

the employer, until such payment or performance is accomplished.