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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations 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, the employers receipt of advice from a responsible official of the Wage and Hour Division to the effect that the conduct in question is not lawful, among other situations, can be sufficient to show that the employers conduct is knowing, but is not automatically dispositive.
3 For purposes of this section, reckless disregard of the requirements of the Act means, among other situations, that the employer should have inquired further into whether its conduct was in compliance with the Act and failed to make adequate further inquiry.

6. Revise 578.4a to read as follows:

578.4

Determination of penalty.

a In determining the amount of penalty to be assessed for any violation of section 3m2B or 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 employers business.

PART 579CHILD LABOR
VIOLATIONSCIVIL MONEY
PENALTIES
7. The authority citation for part 579
continues to read as follows:

8. Amend 579.1 by redesignating paragraph a2 as paragraph a2i, revising newly designated paragraph a2i and adding paragraph a2ii to read as follows:

Purpose and scope.

a
2i Any person who repeatedly or willfully violates section 206 or 207 of the FLSA, relating to wages, shall be subject to a civil penalty not to exceed $2,074 for each such violation.
ii Any person who violates section 203m2B of the FLSA, relating to the retention of tips, shall be subject to a civil penalty not to exceed $1,162 for each such violation.

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Definitions.

Willful violations under this section has several components. An employers violation of section 12 or section 13c of the Act relating to child labor or any regulation issued pursuant to such sections, 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. In addition, for purposes of this section, the employers receipt of advice from a responsible official of the Wage and Hour Division to the effect that the conduct in question is not lawful, among other situations, can be sufficient to show that the employers conduct is knowing, but is not automatically dispositive. For purposes of this section, reckless disregard of the requirements of the Act means, among other situations, that the employer should have inquired further into whether its conduct was in compliance with the Act and failed to make adequate further inquiry.

10. The authority citation for part 580
continues to read as follows:

Authority: 29 U.S.C. 203m, l, 211, 212, 213c, 216; Reorg. Plan No. 6 of 1950, 64
Stat. 1263, 5 U.S.C. App; secs. 25, 29, Pub.
L. 93257, 88 Stat. 72, 76; Secretary of Labors Order No. 012014 Dec. 19, 2014, 79 FR 77527 Dec. 24, 2014; 28 U.S.C. 2461
Note.

VerDate Sep<11>2014

579.2

PART 580CIVIL MONEY
PENALTIESPROCEDURES FOR
ASSESSING AND CONTESTING
PENALTIES

579.1

9. Amend 579.2 by revising the definition of Willful violations to read as follows:

Authority: 29 U.S.C. 9a, 203, 209, 211, 212, 213c, 216; Reorg. Plan No. 6 of 1950, 64
Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat.
72, 76; Secretarys Order 012014 Dec. 19, 2014, 79 FR 77527 Dec. 24, 2014; 5 U.S.C.
500, 503, 551, 559; 103 Stat. 938.

11. Revise the first sentence of 580.2
to read as follows:

580.2
rules.

Applicability of procedures and
The procedures and rules contained in this part prescribe the administrative process for assessment of civil money penalties for any violation of the child labor provisions at section 12 of the Act and any regulation thereunder as set forth in part 579 of this chapter, and for assessment of civil money penalties for any violation of the tip retention provisions of section 3m2B or any repeated or willful violation of the minimum wage provisions of section 6
or the overtime provisions of section 7
of the Act or the regulations thereunder
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set forth in 29 CFR subtitle B, chapter V.
12. Revise the first sentence of 580.3
to read as follows:

580.3 Written notice of determination required.

Whenever the Administrator determines that there has been a violation by any person of section 12 of the Act relating to child labor or any regulation thereunder as set forth in part 579 of this chapter, or determines that there has been a violation by any person of section 3m2B, or determines that there has been a repeated or willful violation by any person of section 6 or section 7 of the Act, and determines that imposition of a civil money penalty for such violation is appropriate, the Administrator shall issue and serve a notice of such penalty on such person in person or by certified mail.
13. Amend 580.12 by revising the first sentence of paragraph b to read as follows:

580.12 Decision and Order of Administrative Law Judge.

b The decision of the Administrative Law Judge shall be limited to a determination of whether the respondent has committed a violation of section 12, a violation of section 3m2B, or a repeated or willful violation of section 6 or section 7 of the Act, and the appropriateness of the penalty assessed by the Administrator.

14. Amend 580.18 by revising the third sentence in paragraph b3 to read as follows:

580.18
penalty.

Collection and recovery of

b
3 A willful violation of sections 6, 7, or 12 of the Act may subject the offender to the penalties provided in section 16a of the Act, enforced by the Department of Justice in criminal proceedings in the United States courts.
Signed in Washington, DC, this 8th day of September, 2021.
Jessica Looman, Acting Administrator, Wage and Hour Division.
FR Doc. 202119795 Filed 92321; 8:45 am BILLING CODE 451027P

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