OCAHO Reduces I-9 Fine from $80,000 To $30,000

more+
less-
more+
less-
Explore:  Fines I-9 OCAHO Penalties

In U.S. v A&J Kyoto Japanese Restaurants, Inc., the Office of the Chief Administrative Hearing Officer (OCAHO) lowered penalties as they should be “sufficiently meaningful to accomplish the purpose of deterring future violations, without being ‘unduly punitive’ in light of the respondent’s resources.”  A&J Kyoto Japanese restaurant is a small restaurant which did not employ any unauthorized aliens and had no history of previous violations.  The OCAHO found that while the violations were serious, all the other statutory factors weighed in the company’s favor, and a penalty constituting 135% of the company’s ordinary business income for 2010 and more than 60% for 2011 was excessive on its face in light of the record as a whole.  The OCAHO considers that a penalty should be sufficiently meaningful to accomplish the purpose of deterring future violations, without being “unduly punitive” in light of the respondent's resources.  Here the proposed penalty was close to the maximum permissible by law, and way out of proportion to the nature of the business and the degree of culpability shown.

Written by:

Published In:

I-9

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Buchanan Ingersoll & Rooney PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×