(a) Any employer found to have violated the provisions of this chapter upon final determination by the department of labor and training, including claims settled via settlement agreement and administrative hearing, shall be assessed an administrative penalty equal to fifteen percent (15%) to twenty-five percent (25%) of the amount of back wages ordered to be paid for a first violation within a three-year (3) period. For subsequent violations within a three-year (3) period, the assessment shall equal twenty-five percent (25%) to fifty percent (50%) of the amount of back wages ordered to be paid. (b) In determining the amount of any penalty imposed under this section, the director or his or her designee shall consider the good faith of the employer; the gravity of the violation; the history of previous violations; and whether or not the violation was an innocent mistake or willful violation.
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