Tuesday, June 5th, 2018

OCAHO Reduces I-9 Fine from $22.4K to $9.6K; Employer ‘Unaware’ of I-9 Form

"The company’s answer to the complaint asked for reduction in the proposed penalties because the respondent is a small cafe unable to pay a fine of $22,440 as is requested.  The answer notes that Imperial Valley, California, has the highest unemployment rate in the nation, that the restaurant had to close one location (of two) in 2010 because of the economy, and that the number of employees had dropped from twenty-four to seven.  The company’s prehearing statement said that Ms. Caro was simply unaware of the I-9 form until the NOI was served, but that she did ask new employees for resident alien cards, government issued IDs, and driver’s licenses and that all the employees had proper documentation.  No unauthorized aliens were found in the workforce. … Proportionality is a critical factor in setting penalties. … La Hacienda Mexican Cafe is found liable for twenty-four violations of 8 U.S.C. § 1324a(b) and 8 C.F.R. § 274a.2(b) and