Employment of Illegal Aliens

I am considering opening a restaurant in Manhattan. What are some compliance issues I should consider?

Owning a successful restaurant in New York City is tough, especially given the stiff competition and crabby critics. However, one area that need not be a headache is city and state compliance, The administrative regulations that apply to bars and restaurants are lengthy and detailed. If you are considering opening a restaurant in New York City, a restaurant and bar lawyer can help you better understand some of the most common pitfalls in regulatory compliance, including:

Why Can’t the Employee Screening Process Be Simplified?

A National Restaurant Association (NRA) representative told members of Congress that the increasing number of local and state employment verification laws and regulations have complicated the screening process for potential employees and exposed restaurant owners to increased legal liability. NRA senior vice president of labor and workforce policy, Angelo Amador, spoke at a February hearing of the House Judiciary Committee Subcommittee of Immigration and Border Security, saying that the Legal Workforce Act, which the association supports, should preempt local laws and create a more streamlined system for verifying job candidates’ immigration status.

The proposed law would change the existing Immigration and Nationality Act to make mandatory and permanent the use of the federal electronic employment eligibility verification system, E-Verify. Amador testified:
“In the current system, employers are boxed in by federal regulations that, on one side, require them to conduct the I-9 (employment verification) process on every person they hire and, on the other side, limit their ability to question the validity of authorization and identity documents used during that process…Out of this frustration, and the frustration caused by the federal government’s inability to move forward on the issue, many states and localities have responded with a patchwork of employment verification laws.
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Are my employees affected by the President's executive actions on immigration?

Immigration is a hot button political issue. Despite varying views from political parties and people around the country, the reality is that much of the restaurant industry would cease to function without immigrant labor.

Recent executive action by President Obama expanded some immigration programs.
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One of the most important areas of law which restaurant owners have to contend with is labor and employment. In New York City in particular, restaurant owners and operators find it challenging to keep up with the myriad of federal state and city regulations that apply to their establishments. Working with an attorney that has experience and expertise in these issues can help you stay in compliance and out of legal hot water. 

How long will it be until the Federal Government starts to crack down on New York City restaurant owners for employing illegal aliens?  It may happen soon. 

This past week, the owner of French Gourmet, a restaurant in San Diego, was sentenced in Federal Court and ordered to serve 5 years of probation and pay $396,575 in fines.  The manager was ordered to serve 3 years of probation and pay $2,500 in fines for his role in hiring illegal immigrants. 

“When employers do not comply, we will take vigorous enforcement action to ensure they do not profit from this illegal tactic," said U.S. Attorney Laura Duffy.   This case reflects a new approach by federal authorities as they crack down on the hiring of illegal immigrants. After years of conducting sweeps of undocumented laborers, the federal government is now focusing more on the employers who knowingly hire them.