sentenced to imprisonment for not less than ten days nor more
than 90 days. 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 one
thousand dollars ($1,000) nor more than three thousand dollars
($3,000) or to imprisonment of not less than ten nor more than
100 days. Each day of such failure to comply with this
subsection or its regulations and each employe who is discharged
or in any other manner discriminated against shall constitute a
separate offense subject to a separate penalty. Any employer and
his or her agent, or the officer or agent of any corporation,
may also be required to pay the employe an amount set by the
court sufficient to compensate the employe and deter future
violations.
Section 4. Sections 10 and 11.1 of the act, amended or added
July 14, 1977 (P.L.82, No.30), are amended to read:
Section 10. Liquidated Damages.--Where wages remain unpaid
for thirty days beyond the regularly scheduled payday, or, in
the case where no regularly scheduled payday is applicable, for
sixty days beyond the filing by the employe of a proper claim or
for sixty days beyond the date of the agreement, award or other
act making wages payable, or where shortages in the wage
payments made exceed five percent (5%) of the gross wages
payable on any two regularly scheduled paydays in the same
calendar quarter, and no good faith contest or dispute of any
wage claim including the good faith assertion of a right of set-
off or counter-claim exists accounting for such non-payment, the
employe shall be entitled to claim, in addition, as liquidated
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