conditional

What potential costs could Benihana incur due to changes in immigration laws?

Benihana Franchise · 2024 FDD

Answer from 2024 FDD Document

Further, the U.S. Congress and Department of Homeland Security may implement changes to federal immigration laws, regulations or enforcement programs. Some of these changes may increase our obligations for compliance and oversight, which could subject us to additional costs and make our hiring process more cumbersome or reduce the availability of potential employees. Even if we operate our restaurants in strict compliance with U.S. Immigration and Customs Enforcement and state requirements, some of our employees may not meet federal work eligibility or residency requirements, which could lead to a disruption in our work force. Although we require all of our new employees to provide us with the government-specified documentation evidencing their employment eligibility, some of our employees may, without our knowledge, be unauthorized workers. Unauthorized workers are subject to seizure and deportation and may subject us to fines, penalties or loss of our business license in certain jurisdictions. Additionally, a government audit could result in a disruption to our workforce or adverse publicity that could negatively impact our brand and our use of E-Verify and/or potential for receipt of letters from the Social Security Administration requesting information (commonly referred to as no-match letters) could make it more difficult to recruit and/or retain qualified employees.

Source: Item 22 — CONTRACTS (FDD pages 73–74)

What This Means (2024 FDD)

According to Benihana's 2024 Franchise Disclosure Document, changes in federal immigration laws could lead to several potential costs for the company. These changes may increase Benihana's obligations for compliance and oversight, making the hiring process more difficult and potentially reducing the availability of employees.

Even if Benihana operates in strict compliance with U.S. Immigration and Customs Enforcement and state requirements, some employees may not meet federal work eligibility or residency requirements, which could disrupt the workforce. Unauthorized workers are subject to seizure and deportation, which may lead to fines, penalties, or even the loss of a business license in certain jurisdictions.

Furthermore, a government audit could disrupt Benihana's workforce or result in adverse publicity, negatively impacting the brand. The use of E-Verify and potential receipt of no-match letters from the Social Security Administration could also make it more difficult for Benihana to recruit and retain qualified employees. These factors highlight the significant risks and potential financial burdens associated with changes in immigration laws for Benihana and its franchisees.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.