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Pennsylvania Statutes Title 43 P.S. Labor § 40.11. Penalties

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Violations.--

(1) A person may not do any of the following:

(i) Violate this act.

(ii) Interfere with the functions of an enforcement officer.

(iii) Compel or permit a minor to violate this act.

(iv) Fail to provide records under sections 8(d) or 10(b). 1

(v) Falsify records under this act.

(vi) Violate the terms of any permit issued under section 5. 2

(b) Criminal penalties.--

(1) Except as set forth under paragraph (2), a person that violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500 for each violation.

(2) A person that, after being sentenced under paragraph (1), violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,500 for each violation or to imprisonment for not more than ten days, or both.

(c) Administrative penalties.--

(1) Except as set forth under subsection (d), the department may impose an administrative penalty of not more than $5,000 for each violation of subsection (a).

(2) The department may order a person to take a corrective action which the department deems necessary to address a violation of this act.

(3) This subsection is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).

(4) The department may not impose a penalty under this subsection if a person has been sentenced under subsection (b) for an offense arising out of the same conduct which would give rise to a penalty under this subsection.

(d) Multiple prosecution.--Imposition of a criminal, civil or administrative penalty under the Fair Labor Standards Act  3 shall bar prosecution under subsection (a) and imposition of a criminal penalty under subsection (b) or an administrative penalty under subsection (c) if the same conduct constitutes the basis of the Federal action and the basis of the prosecution under subsection (a) or the administrative penalty under subsection (c).

1 43 P.S. §§ 40.8, 40.10.
2 43 P.S. § 40.5.
3 29 U.S.C.A. § 201 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 43 P.S. Labor § 40.11. Penalties - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-43-ps-labor/pa-st-sect-43-40-11/

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