Section 5. Criminal penalties.
(a) Grading.--An employer, or officer or agent of an employer, that intentionally violates section 4(a) commits:
(1) A misdemeanor of the third degree for a first
offense.
(2) A misdemeanor of the second degree for a second or
subsequent offense.
(b) Summary offense.--An employer, or officer or agent of an employer, that negligently fails to properly classify an individual as an employee under section 4(a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000. Evidence of a prior conviction under this subsection shall be admissible as evidence of intent under subsection (a).
(c) Concurrent jurisdiction.--
(1) The Attorney General shall have concurrent
prosecutorial jurisdiction with the district attorney of the
appropriate county for violations under this section and any
offense arising out of the activity prohibited by this
section.
(2) No person charged with a violation of this section
by the Attorney General shall have standing to challenge the
authority of the Attorney General to prosecute the case, and
if a challenge is made, the challenge shall be dismissed, and
no relief shall be available in the courts of this
Commonwealth to the person making the challenge.