13 NCAC 12 .0702             CIVIL PENALTY ASSESSMENT

(a)  If the Commissioner finds that an employer has violated any of the provisions of G.S. 95-25.5, G.S. 95-25.15(b) or these Rules, the Commissioner may assess a civil penalty for each violation.

(b)  The maximum amount of a civil penalty will be based on the nature and the gravity of the violation or violations. Matters which are indications of the gravity of a violation include, but are not limited to:

(1)           the likelihood of injury and the seriousness of the potential injuries to which a youth has been exposed;

(2)           multiple violations by a business or employer;

(3)           recurring violations;

(4)           employment of any youth in a hazardous or detrimental occupation without a waiver from the Commissioner;

(5)           violations involving youths under fourteen years of age.

(c)  The Commissioner shall assess a penalty of:

(1)           two hundred fifty dollars ($250.00) if a youth employment certificate would not have been issued because the employment was for a hazardous or detrimental occupation.

(2)           one hundred twenty‑five dollars ($125.00) if the certificate would not have been issued, but the employment was non‑hazardous or non-detrimental. 

(3)           fifty dollars ($50.00) if a certificate would have been issued but the employer did not have or maintain the certificate.

(d)  Reductions in the penalty amount may be made based on the size of a business (number of employees and gross volume) and its past record of compliance with the Wage and Hour Act.

History Note:        Authority G.S. 95‑25.17; 95‑25.19; 95‑25.23; 95-25.23A;

Eff. November 1, 1980;

Amended Eff. April 1, 1999; February 1, 1982;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.