Violation of any of the provisions of §§ 171—177 of this title shall constitute a misdemeanor. But in the case where the employer, knowing that his business will be closed, or for any other reason, does not make the deductions set forth in § 175 of this title, or, having made them, unduly withholds them in his possession, he shall be punished by a minimum penalty of five hundred dollars ($500) or by imprisonment in jail for ninety (90) days, or by both penalties, in the discretion of the court.
If the violation consists in paying the workers the wages or any other benefit by checks, and these cannot be cashed because the drawer lacks the necessary funds in the bank against which said checks are drawn, the employer shall be guilty of an offense that shall entail a penalty equal to twice the amount for which each check was drawn, or five (5) days of imprisonment for each dollar he fails to pay, and each check so drawn shall constitute a different offense. The criminal action shall be dismissed if, within ten (10) days of the date of payment of the salary, the employer pays the worker to whom he owes the wages or benefits paid by check or checks, the adequate sums on this account, plus an equal amount as liquidation of damages; or if the claim on that account is settled between the worker and the employer with the approval of the Secretary of Labor and Human Resources.
History —Apr. 17, 1931, No. 17, p. 194, § 7; July 30, 1974, No. 271, Part 2, p. 318; June 2, 1976, No. 126, p. 366; renumbered as § 8 on July 15, 1988, No. 100, p. 420, § 2; July 1, 1995, No. 74, § 4[bis]