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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