; (II) the number of violations; (III) the persistence of the misconduct; (IV) the length of time over which the misconduct occurred; (V) the willfulness of the misconduct of the employer; and (VI) the assets, liabilities, and net worth of the employer. (vi) Adjustment for inflation The dollar amounts referred to subclauses (I) and (II) of clause (iv) shall be increased annually, for fiscal year 2025 and every fiscal year thereafter, by the percent increase, if any, in the consumer price index for all urban consumers for the most recent 12-month period for which applicable data is available. (C) Rights of the Secretary and a State attorney general Prior to an covered individual or labor organization bringing a civil action under subparagraph (A), such covered individual or labor organization shall, in writing, notify the Secretary and any relevant State attorney general of the intent to commence such civil action. Upon receiving such notice, the Secretary and State attorney general shall each, not later than 60 days after receiving such notice— (i) determine whether to intervene in such action and, upon intervening— (I) be heard on all matters arising in such action; and (II) file petitions for appeal of a decision in such action