the secretary shall refer the matter to the Office of Attorney
General for investigation or impose administrative penalties
under section 6.
(e) Acting in concert with other parties.--A party that does
not meet the definition of "employer" in section 2, but which
intentionally contracts with an employer knowing the employer
intends to misclassify employees in violation of this act, shall
be subject to the same penalties, remedies or other actions as
the employer found to be in violation of this act.
(f) Defense.--It shall be a defense to an alleged violation
of this section if the person for whom the services are
performed in good faith believed that the individual who
performed the services qualified as an independent contractor at
the time the services were performed.
Section 5. Criminal penalties.
(a) Grading.--An employer, or officer or agent of an
employer, that intentionally violates section 4(a)(1) or (2)
commits:
(1) A misdemeanor of the [third] second degree for a
first offense.
(2) A misdemeanor of the [second] first degree for a
second or subsequent offense.
[(b) Summary offense.--An employer, or officer or agent of
an employer, that negligently fails to properly classify an
individual as an employee under section 4(a) commits a summary
offense and shall, upon conviction, be sentenced to pay a fine
of not more than $1,000. Evidence of a prior conviction under
this subsection shall be admissible as evidence of intent under
subsection (a).]
(b.1) Debarment.--A person sentenced under subsection (a)
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