(a) The Manager of the Labor Standards Section may issue a civil money penalty for the following:

1. (1) Willfully hindering or delaying an investigation under the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., or this part, or willfully hindering or delaying any representative of the Director of the Division of Labor in the performance of his or her duties in the enforcement of the act or this part;
2. (2) Willfully failing to make, keep, or preserve any record required by the act or this part or willfully falsifying such records;
3. (3) Willfully refusing to make any record accessible to the Division of Labor upon demand or willfully refusing to furnish a sworn statement of the record or any other information required for the proper enforcement of the act and this part;
4. (4) Willfully failing to post a summary of the law as required by Arkansas Code § 11-4-216;
5. (5) Paying or agreeing to pay wages at a rate less than required by the act;
6. (6) Otherwise willfully violating any provision of the act or any rule issued thereunder; and

7. (7) Willfully discharging or in any other manner willfully discriminating against any employee because the employee has:

   1. (A) Made a complaint to his or her employer or to the director or his or her authorized representative regarding compliance with the act or this part;
   2. (B) Instituted or is about to institute any proceeding under or related to this act; or
   3. (C) Testified or is about to testify in any proceeding under or related to this act.

(b)

1. (1) The amount of any civil money penalty shall be between fifty dollars ($50.00) and one thousand dollars ($1,000) for each violation.
2. (2) Each violation shall constitute a separate offense.
3. (3) For the purposes of subdivision (a)(7) of this section, each day the violation continues shall constitute a separate offense.

(c)

1. (1) In determining the amount of a civil penalty, the manager shall consider the appropriateness of the penalty to the size of the business and the gravity of the violation.

2. (2) Matters which indicate that the gravity of the matter justifies maximum civil penalty assessments are:

   1. (A) Multiplicity of violations;
   2. (B) Recurring violations;
   3. (C) Falsification and/or concealment of information or records; and
   4. (D) Failure to assure future compliance.
3. (3) The size of the business includes the number of employees and the gross volume of sales.