(a) The wage penalty shall be calculated by determining the difference between the amount the employee was actually paid under the agreement and the amount the employee was entitled to under this chapter and multiplying the sum by two, but in any event the wage penalty shall not be less than $500.00. Erroneous payments not resulting from a failure to pay the prevailing rate are not within the scope of this section.

(b) The records penalty of $500.00 per day, not to exceed a total of $5,000.00 or five percent of the total agreement value, whichever is greater, shall be imposed on an employer for each day an employer fails to maintain certified payroll records, to allow the Tribe and any affected employee to inspect certified payroll records as required by this ordinance, or to provide a copy of such employee's payroll record within five work days of a written request. [Ord. 29 § 5301, adopted, 10/12/2012.]