New York City law firm providing legal representation for bar and restaurant owners defending claims of hiring undocumented workers.
In his September 9, 2010 appearance on Fox News, New York City Mayor Michael Bloomberg stated: “Although [undocumented workers] broke the law by illegally crossing our borders or over-staying their visas and our businesses broke the law by employing them, our city’s economy would be a shell of itself had they not, and it would collapse if they were deported.” Bloomberg’s statement appears to be supported by the numbers. The Fiscal Policy Institute, in conjunction with the New York Immigration Coalition conducted a study that was released in November 2007 examining the impact of undocumented workers on New York’s workforce. What did they find?
- There are roughly 535,000 undocumented workers in New York City.
- Of the 535,000 approximately 374,000 are active participants in New York City’s workforce.
- The restaurant industry hires approximately 36% of all undocumented workers.
- In New York City, there are 11,000 undocumented workers employed as dishwashers (or 54% of all NYC dishwashers); 21,000 employed as cooks (33% of all NYC cooks); 15,000 employed as waiters/waitresses (28%); and 6,000 employed in food preparation (37%).
The primary appeal to hiring an undocumented worker is that they often work for less compared to those legally permitted to work in the United States. Knowing this, undocumented workers rarely complain about working long hours or in harsh conditions for little pay. As reported by Sarah Kershaw of the New York Times in her September 7, 2010 article entitled ‘Immigration Crackdown Steps Into the Kitchen’ a Tribeca restaurateur explained: “We always, always hire the undocumented workers…It’s not just me, it’s everybody in the industry. First, they are willing to do the work. Second, they are willing to learn. Third, they are not paid as well. It’s an economic decision. It’s less expensive to hire an undocumented person”
The economic reality is that many restaurant owners overwhelming rely on the ability to employ undocumented workers, but that can come with stiff penalties. Immigration and Customs Enforcement is keenly aware of this and consequently focus more on restaurant owners who employ undocumented workers, then the workers themselves.
The web of complex immigration and labor laws makes it difficult for any employer to understand when they can employee an immigrant. To take a common example, if at the time of hire an immigrant employee provides you with a work authorization from the Immigration Service, the employer must still attempt to verify the accuracy of the document and further verify on an annual basis that the authorization remains in effect.
Liability for Undocumented Workers in New York
Section 274A of the Immigration and Nationality Act and 8 U.S.C 1324(a), make it a crime for an employer to knowingly hire an undocumented worker. The violation of either law can result in both civil and criminal penalties including:
- Fine of $250 to $2,000 for each undocumented worker;
- Fine of $2,000 to $5,000 for each undocumented worker if the owner was previously fined;
- $3,000 to $10,000 for each undocumented worker if the owner was directed to cease and desist his/her hiring practices more than once;
- Fine of $100 to $1,000 for each failure to maintain the required “paperwork” for your undocumented workers;
- Possible imprisonment for up to six months;
Despite the fact that it is a crime to employ undocumented workers, New York City adheres to a sanctuary policy instituted by Mayor Bloomberg that prohibits police officers from asking employees about their immigration status. Notably, this policy does not apply to federal investigators.
If you are in need of legal representation to fight an undocumented workers claim, call the DiPasquale Law Group for a free consultation at (646) 343-4607.
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