Employment 17 Massachusetts Employers Fined for Employing Unlawful Employees

17 Massachusetts Employers Fined for Employing Unlawful Employees

17 MA Employers Fined for Employing Unlawful Employees

In recent years, the issue of immigration enforcement has taken center stage in the United States. With the Trump Administration’s increased attention to the issue, the number of employers being fined for hiring undocumented workers has skyrocketed. Massachusetts is no exception to this trend, with local businesses feeling the brunt of increased scrutiny on their hiring practices. In this article, we will dive into the issue of Massachusetts employers being fined for employing unlawful employees, what it means for affected businesses, and what the government is doing to address this issue.

Background on the Issue

In Massachusetts, there are strict laws governing the employment of immigrants. The state requires all employers to verify the immigration status of their new hires through the I-9 form. This form prompts employees to provide specific identification, such as a social security number or visa, to prove their eligibility to work in the United States.

Unfortunately, not all employers comply with these laws. In some cases, businesses knowingly hire undocumented workers, skirting both state and federal laws. This unethical behavior creates an uneven playing field for businesses that follow the rules, hurting both their bottom line and the state’s economy.

In 2018, the Massachusetts Attorney General’s office announced that it had fined 17 employers for hiring people who were not authorized to work in the United States. These penalties varied in size from a few thousand dollars to nearly $400,000, depending on the severity of the violations.

Effects on Local Businesses

For those businesses who were fined, the impacts can be severe. The costs associated with fines can be significant, and in some cases, the publicity associated with the cases can result in loss of business. Additionally, there can be internal morale issues, as the incident can highlight bad actors who flouted company policies and state law. Overall, there’s a significant cost to non-compliance that goes beyond simply paying the fine.

However, not all businesses are affected equally. Industries such as construction, agriculture, and hospitality are more likely to hire undocumented workers than others, meaning that they are more susceptible to workplace raids and compliance checks. These industries also tend to have a higher percentage of low-wage workers, making the costs of fines and lost productivity even more burdensome.

But this pattern of non-compliance isn’t just limited to certain industries. Every company in the state should follow the rules that are put in place to ensure that all employees are authorized to work in the U.S. Failure to do so not only results in legal repercussions, but also makes it difficult for companies to attract new clients, as potential clients may balk at doing business with companies that engage in unethical behavior.

What the Government is Doing

The fines levied by the Massachusetts Attorney General’s office are a major way in which the state government is addressing the issue of hiring undocumented workers. By fining local businesses, they are sending a message that this type of behavior is not acceptable in the state. In fact, the office has said that they will continue to investigate other businesses suspected of engaging in similar practices.

But it’s not just the state government that is stepping up their enforcement efforts. The federal government has substantially increased their focus on workplace raids and compliance checks. As a result, businesses should be prepared for audits and inspections at any time. There are also significant fines and jail time that employers can face if they are found to be in violation of these laws.

Employers should take note of the requirements under state and federal laws and put in place mechanisms to verify the immigration status of their employees. These would include the adoption of an I-9 verification system that complies with state and federal laws, and the training of employees to ensure that they are knowledgeable about the requirements of these laws. Additionally, companies should have strong policies in place for dealing with the discovery of unauthorized workers, including the notification of relevant state and federal agencies.

Conclusion

In Massachusetts, there is no question of the legal ramifications that come with violating immigration laws. The Attorney General’s office’s fines on these 17 employers demonstrate the state’s commitment to enforcing the rules on businesses that knowingly hire undocumented workers. While the fines may seem steep to those who are penalized, it’s important to understand their impact on the state’s economy and how it levels the playing field for compliant businesses. This situation should serve as a reminder to all employers in the state that the stakes are high when it comes to hiring practices. Hardworking employees who follow the law deserve to see that the businesses they work for are doing the same.


On November 14, 2012, Immigration and Customs Enforcement (ICE) reported that 17 Massachusetts employers received fines totaling $349,619.54 in the 2012 fiscal year.  The employers were charged after ICE’s Homeland Security Investigations (HSI) audited Form I-9 documents submitted by employers around the state.

The employers are required to submit a Form I-9 for every employee they hire.  The form requires the employer to make sure the person is eligible to work in the state and make sure the person’s employment records appear genuine.

Massachusetts Companies Fined in FY 2012:

•    Alliance for Affordable Housing Inc. in Everett
•    Amex Inc. in East Boston
•    Bread & Company Inc. in Everett
•    Cap Seafood Inc. in New Bedford
•    Danco Retail Food Outlet Inc. in Worcester
•    Fruitlands Restaurant, Inc. (Sorrento’s Pizza) in Harvard
•    Jae’s Spice in Pittsfield
•    Leechen Restaurant Inc. in Lawrence
•    Metropolitan Linen Services Corp. in Everett
•    Northern Pelagic Group LLC (NORPEL) in New Bedford
•    Ocean Crest Seafoods in Gloucester
•    Panda House Inc. in Westfield
•    Pier Fish Company Inc. in New Bedford
•    Quality Workforce Inc. in Brockton
•    Samar Company Inc. in Stoughton
•    Sampco Inc. in Pittsfield
•    STAT Products Inc. in Ashland

This year’s fines are the highest ever imposed on Massachusetts employers since HSI started similar investigations in 2009.  11 companies were fined a total of $175,420.25 in 2011; three companies were fined a total of $67,440 in 2010; and one company was fined $9,753 in 2009.

Bruce M. Foucart, special agent in charge of HSI Boston, stated: “These settlements serve as a reminder to employers that HSI will continue to hold them accountable for hiring and maintaining a legal and compliant workforce. . . .My agency will continue to focus its attention on employers that are knowingly employing illegal workers and will continue to target specific industries and businesses known or alleged to hire illegals.”

Source: U.S. Immigration and Customs Enforcement