Thursday, June 14th, 2018

OCAHO Reduces I-9 Fine from $22K to $10K: USA v. Nebeker, Inc.

"The government’s complaint sought penalties of $15,427.50 for Count I and $7199.50 for Count II, or a total of $22,627.00 based on an assessment of $1028.50 for each violation. … Even absent an adequate record the penalties requested here are so near the maximum permissible as to appear disproportionate to the size and character of the employer.  As explained in United States v. Pegasus Restaurant., Inc., 10 OCAHO no. 1143, 7 (2012), proportionality is critical to setting penalties.  Penalties will accordingly be adjusted to an amount closer to the mid-range of permissible penalties.  For the seven violations in Count II and for the three violations in Count I involving unauthorized workers, the penalties will be assessed at $600 each.  For the remaining twelve violations in Count I the penalties will be assessed at $400 each.  The total penalty is accordingly $10,800." –