OCAHO Reduces I-9 Fine from $10.7K to $4.5K - USA v. New Star

OCAHO Reduces I-9 Fine from $10.7K to $4.5K - USA v. New Star

"For a fledgling “mom and pop” restaurant with only ten employees and a payroll totaling only $84,147 for the calendar year 2010, moreover, the proposed penalty appears unduly harsh as well as disproportionate to the size and the status of the employer. As explained in Pegasus, 10 OCAHO no. 1143 at 7, proportionality is critical to setting penalties. Penalties this close to the maximum permissible should be reserved for more egregious violations than have been shown here. Cf. United States v. Fowler Equip. Co., 10 OCAHO no. 1169, 6 (2013). The penalties will accordingly be adjusted as a matter of discretion to an amount closer to the mid-range of permissible penalties. For failure to present an I-9 form for Wei Yang, the penalty will be assessed at $500. For the ten remaining violations, the penalties will be set at $400 for each violation. The total penalty is $4500." - USA v. NEW STAR AT NIAGARA FALL, INC., D/B/A )NEW STAR BUFFET, July 25, 2013.