OCHAO Nixes Good Faith Defense for Substantive I-9 Violations
In a recent decision, the Office of the Chief Administrative Hearing Officer, (OCAHO), has stated that the good faith defense should not be available to mitigate fines for
those employers who have committed substantive violations. The Administrative Law Judge ruled that the good faith defense is only applicable in certain situations
involving technical or procedural violations where the employer made a good faith effort to comply with recordkeeping requirements.
The result of this decision would seem to be that failure to timely complete the form I-9 for a new hire is stictly a substantive violation with no mitigation available
for those employers running afoul of this requirement. The Administrative Law Judge underlined the seriousness of such violations by stating that an employee working
on the job could be unauthorized for employment for the entire period their eligibility remains unverified.
For a fuller treatment regarding this hearing, click here.
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