Hawaii Employment Law Cases August 6, 2017 to August 12, 2017 – Jeffrey S. Harris

U.S. Ninth Circuit Court of Appeals

Hiring and expecting human resource director to ensure it complies with law against continuing to employ unauthorized alien or failing to properly complete, retain or produce I-9’s did  not entitle employer to good faith defense against violating the requirements.  Five-year limitation period for continued employment violation ran from last day of alien’s employment and for I-9 violations ran from three years after hire or one year after termination.  Administrative law judge properly exercised discretion to disregard employer’s ability to pay penalty as basis for reducing penalty and apply other factors to decide penalty by summary disposition.  DLS Precision Fab LLC v. United States Immigration & Customs Enforcement, 2017 U.S. App. LEXIS 14489 (9TH Cir. Aug. 7, 2017).

Note: We analyze cases to learn rules courts will follow or disappoint us if they do not. Rules courts follow allow us to behave and provide explanations they accept. Competent advocates may limit the rules to the facts of the case that discuss them, or expand the rules by showing differences in other cases are irrelevant.