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(1) As used in this section, "violation" includes separate violations as to individual employees arising out of the same investigation or enforcement action.
(2)
(a) A violation of this chapter is an infraction.
(b) A second violation of this chapter is a class C misdemeanor.
(c) A third or subsequent violation of this chapter is a class B misdemeanor.
(3) Upon an employer's violation of this section, the commission may prosecute a criminal action in the name of the state.
(4) The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.