(OCAHO) issued its first decision in 2014 -U.S. v. Two for Seven LLC d/b/a Black & Blue Restaurant, which tells the story of a small New York restaurant that was assessed an I-9 penalty of $88,700 by OCAHO. The good news is the restaurant was successful in reducing the penalties from $264,605 which Immigrations and Customs Enforcement (ICE) sought. In reaching its decision, OCAHO analyzed several interesting legal issues:
- is there a need to prepare I-9 forms for certain employees working three days or less
- is an employee actually a partner? why does it matter?
- IRCA prevails over ICE auditor memorandum
- penalties were excessive in light of relevant facts
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