Tuesday, May 22nd, 2018

OCAHO Cuts I-9 Fine in Half: Siam Thai Sushi Restaurant

"ICE’s memorandum states that the baseline penalty was set at $935 for each I-9 because the  violations involved 100% of Siam Thai’s workforce. ICE said it then mitigated the penalties by  5% each because of the small size of the employer and the absence of any unauthorized workers,  but aggravated the penalties by 5% each because of a lack of good faith and because of the  seriousness of the violations. ICE treated the lack of previous violations as a neutral factor, so  the net effect of applying all the factors was that the penalty remained $935 for each violation,  which would result in a penalty calculation of $16,830. … Siam Thai appears to be the prototypical “mom and pop” small family restaurant business. ICE concedes that Siam Thai is a small employer, did not employ unauthorized workers, and has no history of previous violations.  While I concur with ICE’s finding that the violations were serious, the minimal