Staffing company fined almost $210,000 for failure to properly file I-9 forms

A recently published decision by the Office of the Chief Administrative Hearing Officer (OCAHO) again shows how important it is for US employers to comply with the I-9 form filing requirements for each employee.

In United States v. Golden Employment Group, Inc., 4/27/2016, 12 OCAHO no. 1277, the Administrative Law Judge (ALJ) found a total of 465 violations, ranging from incorrect completion of the form, to untimely presentation of the forms in response to an inspection notice, to the most serious, the complete lack of the form for the employee. Immigration and Customs Enforcement (ICE) had determined an error rate of 35% and the Judge pointed out in a preceeding intermim order that the participation in the E-Verify program did not insulate the employer from the requirements of properly filing the I-9 forms. (United States v. Golden Employment Group, Inc., 4/1/2016, 12 OCAHO no. 1274).

The ultimate fine of almost $210,000 represented a penalty in the middle range of possible fines.

Published OCAHO orders can be found here: http://www.justice.gov/eoir/OcahoMain/ocahosibpage.htm#PubDecOrders.