(a)  In addition to any other relief to which any aggrieved party may be entitled for such a violation, an employer who violates § 28-6-18 or § 28-6-22 may be liable for a civil penalty to be paid to the department of labor and training. That penalty shall be set within the following ranges:

(1)  Up to one thousand dollars ($1,000) for a first violation;

(2)  Up to two thousand five hundred dollars ($2,500) for a violation where the employer has had one violation of § 28-6-18 or § 28-6-22 within the five (5) years prior to the complaint or action being filed; or

(3)  Up to five thousand dollars ($5,000) for a violation where the employer has had two (2) or more violations of § 28-6-18 or § 28-6-22 within the seven (7) years prior to the complaint or action being filed.

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(b)  In determining the amount of any penalty imposed under this section, the director or the court shall consider the size of the employer’s business; 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. The director or the court may lower any penalty imposed under this section if the employer demonstrates that they completed a self-evaluation as defined in § 28-6-24.

(c)  No civil penalties shall be assessed from January 1, 2023, to December 31, 2024.