29 CFR § 578.4 - Determination of penalty.
(a) In determining the amount of penalty to be assessed for any violation of section 3(m)(2)(B) 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 employer's business.
(b) Where appropriate, the Administrator may also consider other relevant factors in assessing the penalty, including but not limited to the following:
(1) Whether the employer has made efforts in good faith to comply with the provisions of the Act and this part;
(2) The employer's explanation for the violations, including whether the violations were the result of a bona fide dispute of doubtful legal certainty;
(3) The previous history of violations, including whether the employer is subject to injunction against violations of the Act;
(4) The employer's commitment to future compliance;
(5) The interval between violations;
(6) The number of employees affected; and
(7) Whether there is any pattern to the violations.