Section 225.4. Administrative penalties

(a) The Department may impose any or all of the following penalties under section 6 of the act (43 P. S. § 932.6):

(1) A fine of $100 to $1,000 per violation.

(2) Order a health care facility or employer to take an action which the Department deems necessary to correct a violation of section 3 of the act (43 P. S. § 932.3) or this chapter. Actions ordered may include payment of restitution to employees, directives for compliance with the act such as changes to policy and procedures to ensure future compliance, and directives to remedy unlawful adverse employment decisions as prohibited under section 3(b) of the act. An order will be based on the facts of each individual complaint and practices of the health care facility and employer.

(b) The Department may base administrative penalties on the following factors:

(1) Size of business. The Department will take into consideration the number of employees of the health care facility or employer on the date the violation occurred at the site where the alleged violation occurred.

(2) History of previous violations. The Department will take into consideration the number of assessed violations for the health care facility or employer in a preceding 36-month period. Only violations for which penalties were assessed and which are not subject to further appeal will be included.

(3) Remedial efforts. The Department will consider voluntary remedial efforts designed to prevent future violations and reinforce the importance of compliance with the act.

(4) Degree of cooperation. The Department will also consider an employer’s lack of cooperation with an investigation, an employer’s failure to provide requested information and action which would constitute a lack of effort to abate a violation, such as retaliation.

(5) Length of mandated overtime. The Department will take into consideration the length of the mandated overtime and other factors concerning the severity of the violation.

Notation

Cross References

This section cited in 34 Pa. Code § 225.7 (relating to hearing).