An employer who violates this chapter or Iowa Code chapter 92
is subject to a civil penalty of not more than $10,000 per violation as set
forth in this rule.
(1)
Counting the number of violations.
a. Violations shall be counted as follows:
each day that a child works too many hours, works at a prohibited time, or
works in a prohibited occupation shall be a separate violation.
b. The director may waive or reduce the
penalty if this method of counting the violations would result in a penalty
that is disproportionate to the harm done to the minor(s), the size of the
employer, or both.
(2)
Determining whether a violation is a repeat violation. The
higher penalty amounts outlined in subrules 32.11(4) and 32.11(5) for repeat
instances may be assessed by the director if citations regarding the earlier
instance or instances are final action and occurred less than five years
before.
(3)
Permit
violations. Rescinded IAB 2/7/24, effective 3/13/24.
(4)
Hours violations. If a
child is killed while working at a prohibited time or for excessive hours, the
civil penalty shall be $10,000 for each instance. For other time or hour
violations, the penalties set forth in this subrule shall be applied.
a. The civil penalties for working less than
15 minutes before or after an allowed time are as set forth in the following
schedule:
|
Instance
|
Penalty
|
|
First
|
Warning letter
|
|
Second
|
$100 civil penalty
|
|
Third
|
$200 civil penalty
|
|
Fourth
|
$500 civil penalty
|
|
Fifth
|
$1,000 civil penalty
|
|
Sixth
|
$2,500 civil penalty
|
|
Seventh
|
$5,000 civil penalty
|
|
Eighth
|
$7,500 civil penalty
|
|
Each additional instance
|
$10,000 civil penalty
|
b.
For any time or hours violation not described elsewhere in this subrule, the
following civil penalty schedule shall apply:
|
Instance
|
Penalty
|
|
First
|
$100 civil penalty
|
|
Second
|
$250 civil penalty
|
|
Third
|
$500 civil penalty
|
|
Fourth
|
$1,000 civil penalty
|
|
Fifth
|
$2,500 civil penalty
|
|
Sixth
|
$5,000 civil penalty
|
|
Seventh
|
$7,500 civil penalty
|
|
Each additional instance
|
$10,000 civil penalty
|
(5)
Occupation violations.
a. If no serious illness or injury results
from the work, the civil penalties for allowing or permitting a child to
perform prohibited work are as set forth in the following schedule:
|
Instance
|
Penalty
|
|
First
|
$500 civil penalty
|
|
Second
|
$1,500 civil penalty
|
|
Third
|
$2,500 civil penalty
|
|
Fourth
|
$5,000 civil penalty
|
|
Fifth
|
$7,500 civil penalty
|
|
Each additional instance
|
$10,000 civil penalty
|
b.
If a nonfatal but serious illness or injury results from the work, the civil
penalties for allowing or permitting a child to perform prohibited work are as
set forth in the following schedule:
|
Instance
|
Penalty
|
|
First
|
$2,500 civil penalty
|
|
Second
|
$5,000 civil penalty
|
|
Each additional instance
|
$10,000 civil penalty
|
c.
If a fatality results from the work, the civil penalty for allowing or
permitting a child to perform prohibited work is $10,000 for each
instance.
(6)
Penalty reduction factors. Except for violations related to
the death of a child while working, the director shall reduce the penalty
calculated pursuant to subrules 32.11(1), 32.11(2), 32.11(4) and 32.11(5) by
the appropriate penalty reduction percentages set forth in this subrule.
However, if the director requests information relevant to the penalty
assessment and the employer does not provide responsive information, the
director shall not reduce the penalty.
a.
Penalty reduction for size of business. The director shall
reduce a penalty by 25 percent if the employer has 25 or fewer employees. The
director shall reduce the penalty amount by 15 percent if the employer has 26
to 100 employees. The director shall reduce the penalty amount by 5 percent if
the employer has 101 to 250 employees.
b.
Penalty reduction for good
faith. The director may reduce a penalty by 15 percent based upon
evidence that the employer made a good faith attempt to comply with the
requirements. If at any time the director warned an employer in writing about a
prohibited practice and a civil penalty is being assessed against the same
employer for repeating the practice, the director shall not reduce the penalty
based on good faith.
c.
Penalty reduction for history. The director shall reduce a
penalty by 10 percent if the director has not assessed a civil penalty under
this chapter within the past five years. If the director has assessed a civil
penalty under this chapter in the past five years but the civil penalty has not
reached judicial or administrative finality, the civil penalty shall be reduced
by 10 percent.
This rule is intended to implement Iowa Code section
92.22.
Notes
Iowa Admin. Code r. 875-32.11
ARC 8300B, lAB 11/18/09,
effective 1/1/10
Amended by
IAB
September 2, 2015/Volume XXXVIII, Number 05, effective
10/7/2015
Amended by
IAB
August 28, 2019/Volume XLII, Number 5, effective
10/2/2019
Amended by
IAB
February 7, 2024/Volume XLVI, Number 16, effective
3/13/2024
