In assessing penalties against the employer in hypothetical number (19) above, and again assuming that the court

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In assessing penalties against the employer in hypothetical number (19) above, and again assuming that the court has broad discretion whether to impose severe or mild penalties, what weight should a judge give each of the following factors in determining punishment:

(1) availability or lack of American workers to fill the jobs held by the alien workers;

(2) level of compensation and benefits provided to the illegal workers;

(3) the health and safety conditions to which the illegal workers were subjected; and

(4) the handling of payroll deductions or lack of such payroll “formalities”?

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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