- (a) If upon inspection or investigation, the Labor Standards Section of the Division of Labor finds that a person, firm, partnership, or association has violated any of the provisions of Arkansas Code § 11-6-101 et seq., or Arkansas Code § 11-12-101 et seq., or any rules issued thereunder, the Labor Standards Section may assess a civil penalty for each violation.
(b)
- (1) The maximum amount of a civil penalty will be based on the nature and the gravity of the violation or violations.
(2) Matters which are indications of the gravity of a violation and which justify maximum civil penalty assessments are:
- (A) The likelihood of injury and the seriousness of the potential injuries to which the child has been exposed;
- (B) Multiplicity of violations by a business or employer;
- (C) Recurring violations;
- (D) Employment of any child in a hazardous or detrimental occupation;
- (E) Violations involving youths under fourteen (14) years of age;
- (F) A substantial number of hours worked in excess of the statutory limits;
- (G) Falsification or concealment of information regarding the employment of children in violation of state or federal law; and
- (H) Failure to assure future compliance.
(c)
- (1) Reduction in the penalty amount may be made based on the size of the business.
- (2) The size of the business includes the number of employees and the gross volume of sales.
- (d) Assessment of a civil penalty shall be made no later than three (3) years from the date of the occurrence of the violation.