Hotel Management May 2012 : Page 62

62 NEWS M a y 2 0 12 | NYC union contracts Continued from page 60 employers,” said Carl Shusterman, attorney at The Law Offices of Carl Shusterman. “They’d have a few really prominent cases; during the Bush administration they’d go after employees and charge them with using false documents. Obama has flipped that; now they don’t go after employees at all.” Your hotel has to keep the form following submission, instead of submitting it to a government agency. This means your hotel may be sitting on a ticking time bomb that can end in large fines. “Obviously, hotels have the absolute burden to comply with regulations,” said Shapiro. “Some hotels run the social security through U.S. Immigration and Customs Enforcement but most don’t. You’re not required to inves-tigate the truthfulness of the ID, but if it obviously doesn’t match the green card or social you can be in trouble.” From a legal perspective, the law is more complicated than it needs to be and places a burden on small businesses. “The I-9 is a one-page form but the government has a handbook, nearly 70 pages long, because the immigration rules are so compli-cated,” said Shusterman. “It’s a very [outdated] system and temporary visas are numerous. To expect the motel down the street, which employs ten people, to be experts on all these temporary visas is asking for something that’s not realistic, so the employers will make a huge number of mistakes.” An audit can spell doom for a smaller hotel if multiple Exceptional-Quality Commercial Resin Furniture at Competitive Prices. Abby Reynolds staff members filed improper paperwork. “We just had a local employer who only had a few dozen people in his business and suspected many were illegal,” said Shuster-man. “We couldn’t find a single employee they could help, even though he did the forms right. [The government] was putting him in that position to lose his entire workforce. Hotels are in an industry where there are service people who don’t have paperwork, so hotels that get audited are put in a tough position.” Even the government’s new system for providing access to employment information has holes in it that can hurt a worker’s chance at employment despite his eligibility. “One problem is that if you fill out all the forms correctly, you can ➔ 29 percent ■ Did The Math. Amount NYC hotel worker wages will rise by 2019. Source: Hotel Association of New York I want to spend $75,000 (Competitor’s Price) Meet Abby Reynolds, Purchasing Director at a recognizable hotel chain in the Midwest. A well-known competitor recently quoted Abby $75,000 for 1,000 commercial resin chaise lounges. • 100% made in USA! • Tested to ASTM non-residential standards • Three-year warranty • Weather resistant and stylish I want to spend $40,000 (Adams’ Price) After doing the math, Abby realized that the same order from Adams would save her $35,000 – all without having to sacrifice quality. Are you ready to do the math? Give us 5 minutes, and we’ll spec your property, potentially saving you thousands! still lose your workforce anyway,” said Shusterman. “The govern-ment has developed a new system called E-Verify. It lets you run each new hire through a government database and they have a tentative verdict on the forms.” The E-Verify database has flaws, and can give a false result for any given person. Also, you run the risk of tipping of the govern-ment to irregularities in the paper-work of crucial existing employees. “Government databases are not exactly 100-percent correct,” said Shusterman. “With E-Verify there’s no appeals program or anything. Talk about lack of due process; they say it’s 97-percent accurate. That means at least a few hundred-thousand people are not going be able to get jobs and employers wont be able to hire people they want.” A pre-emptive audit can help save your business and protect your workers at the same time. “The chances of getting audited have gone up astronomi-cally from three years ago,” said Shusterman. “We recommend an internal audit and to fix all I-9s. Then you don’t have to worry about fines that cost 10 or 20 times HM the audit.” ■ For additional info or a quote, call 800.237.8287, or visit

Adams MFG

Using a screen reader? Click Here