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OCAHO Cuts I-9 Fine in Half: USA v. McPeek Racing Stables

April 29, 2015 (1 min read)

"Count I alleges that McPeek failed to prepare I-9s for sixty-two employees within three business days of their respective dates of hire and/or failed to present I-9s for them upon request by the government.  Count II alleges that the company failed to ensure that thirty-seven employees properly completed section 1 of their I-9 forms, or itself failed to properly complete sections 2 or 3 of the forms.  The penalties sought total $64,795.50. ... The parties agree that McPeek is a small business with no history of previous violations, that it acted in good faith, and that no unauthorized workers were found.  They disagree, however, about the proper weight to be given to each of the statutory factors and about the seriousness of the violations. ... Given the transient nature of the industry, and in light of the general public policy of leniency toward small entities as set out in § 223(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, 110 Stat. 864 (1996), 5 U.S.C. § 601 note (2006), the penalties for this small employer will be adjusted as a matter of discretion to an amount closer to the low end of the midrange of potential penalties.  The sixty-two violations in Count I will be assessed at $400 each, totaling $24,800.  The thirty-seven violations in Count II will be assessed at $300 each, totaling $11,100. The total penalty is $35,900." - USA v. McPeek Racing Stables, Apr. 21, 2015.