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Senate Bill 94 Printer's Number 70

PENNSYLVANIA, January 18 - less than three hundred dollars ($300) nor more than one

thousand dollars ($1,000), or by imprisonment up to 90 days, or

by both[, for each offense]. Each day of the failure to comply

with this act, and each employe against whom the employer or

officer or agent of any corporation violated any other provision

of this act, shall constitute a separate offense that shall be

subject to a separate penalty. A first offense under this

subsection shall be graded as a summary offense. A second or

subsequent offense under this subsection, committed within a

five-year period of the prior offense, shall be graded as a

misdemeanor of the third degree and shall be punishable by a

fine of not less than five hundred dollars ($500) nor more than

one thousand dollars ($1,000). The good faith contest or dispute

by any employer of any wage claim or the good faith assertion of

a right of set-off or counter-claim shall not be considered a

violation of this act: Provided, That the employer has paid all

wages due in excess of the amount in dispute or asserted to be

subject to a right of set-off or counter-claim. [Nonpayment of

wages to, on account of, or for the benefit of each individual

employe shall constitute a separate offense.]

(c) Where such employer is a corporation, the president,

secretary, treasurer or officers exercising corresponding

functions shall each be guilty of such summary offense.

(d) [All fines or penalties collected under this act shall

be paid into the State Treasury through the Department of

Revenue to the credit of the General Fund.] All fines and

penalties collected under section 9.1 and this section, as well

as section 12 of the act of January 17, 1968 (P.L.11, No.5),

known as The Minimum Wage Act of 1968, shall be deposited into

the Wage Enforcement Fund established under section 11.3. This

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