1. (a) An employer that violates this chapter may be assessed the civil penalties described in this section by the department.

2. (b) For an hour violation of not more than thirty (30) minutes under section 17 of this chapter or a posting violation under section 22 of this chapter the civil penalties are as follows:

   1. (1) A warning letter for any violations identified during an initial inspection.
   2. (2) Fifty dollars ($50) per instance for a second violation identified in a subsequent inspection.
   3. (3) Seventy-five dollars ($75) per instance for a third violation that is identified in a subsequent inspection.

   4. (4) One hundred dollars ($100) per instance for a fourth or subsequent violation that is identified in an inspection subsequent to the inspection under subdivision (3) and that occurs not more than two (2) years after a prior violation.

      A civil penalty may not be assessed under this subsection for a violation of ten (10) minutes or less.

3. (c) For an hour violation of more than thirty (30) minutes under section 17 of this chapter, an age violation under section 12 of this chapter, each minor employed in violation of section 12(b) of this chapter, or a hazardous occupation violation under section 23 of this chapter the civil penalties are as follows:

   1. (1) A warning letter for any violations identified during an initial inspection.
   2. (2) One hundred dollars ($100) per instance for each violation identified in a subsequent inspection.
   3. (3) Two hundred dollars ($200) per instance for a third violation that is identified in a subsequent inspection.
   4. (4) Four hundred dollars ($400) per instance for a fourth or subsequent violation that is identified in an inspection subsequent to the inspection under subdivision (3) and that occurs not more than two (2) years after a prior violation.

As added by P.L.147-2020, SEC.16. Amended by P.L.75-2024, SEC.4; P.L.104-2024, SEC.46; P.L.133-2024, SEC.13; P.L.91-2026, SEC.6.