EMPLOYEE RECORDKEEPING & I-9 COMPLIANCE Presented by Monica Weimar, PHR, SHRM-CP

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1 EMPLOYEE RECORDKEEPING & I-9 COMPLIANCE Presented by Monica Weimar, PHR, SHRM-CP Agenda File Types File Retention Storage Options Granting Access Record Destruction Form I-9: Acceptable Documents Penalties & Other Considerations E-Verify Audits 1

2 File Types Basic Personnel File Application, resume, and interview notes Signed job description and employment offer Signed handbook acknowledgement form Performance evaluations Status changes (positon and pay changes) Training completion certificates Disciplinary documentation Medical / Benefits File Insurance and medical enrollment forms Beneficiary designation forms Retirement plan enrollment documents Medical documents from temporary leaves of absence Continued health insurance documents (COBRA) Family Medical Leave Act (FMLA) leave documents Pre-employment test results 2

3 Payroll File Form W-4 Timesheets (if printed) Pay increase/decrease documentation Paid and unpaid time off records Wage garnishment documentation Workers Compensation Claim File One per injury First Report of Injury claim form Medical documents including doctor s notes and insurance information Form I-9 File Keep current employee and terminated employee files separately Alphabetized in a 3-ring binder 3

4 File Retention Best Practices Maintain applications, resumes, and other records related to the refusal to hire for one year from decision date Maintain employee files for the length of employment and 7 years after termination Generally satisfies all retention requirements Meets most state s statute of limitations on tort, fraud, and contract claims Form I-9 Retention Requirements Retain for as long as the employee is employed, and the later of the following: 3 years after the hire date, or 1 year after termination An easy way to assess the appropriate destroy date: Enter the date the employee started work + 3 years = answer A Enter the employee s termination date + 1 year = answer B Store until the later date, A or B 4

5 Other File Retention Periods Payroll Records: 5 years post-employment Benefits Information: 6 years post-employment Safety & Injury Information (non-toxic exposure): 5 years after record creation Storage Options Paper Storage Considerations Security Disaster Recovery File Access Organization 5

6 Electronic Storage Considerations Employee s request Record accessibility Confidentiality Security controls Audit request Record management and destruction Signatures Electronic W-4 and I-9 Forms Granting Access File Access No federal law requiring an employer to provide access Many states require that an employer provide an employee access to their file Recommend company policy where state regulations don t exist Why create this policy? What to include? 6

7 Record Destruction Form I-9 Form I-9 The purpose Why further discussion is necessary Current edition states: 03/08/2013 at the bottom 7

8 Form I-9 Updates Current edition is scheduled to expire on 3/31/16 Propose changes were announced last November Final form & changes have not yet been published Use the current form until a revised form is published Proposed changes to create a smart form Who Completes Form I-9 Employer or employer representative Section 2 must be completed by the individual that reviewed the IDs Notary public acting as an employer representative Discuss this with a notary ahead of time, as some cannot complete section 2 No notary is required When is a Form I-9 NOT Required Non-Employees such as volunteers, unpaid interns, and independent contractors Employees: Hired before 11/6/1986 Hired for casual domestic work in a private home Providing labor to you who are employed by a contractor providing contract services (e.g., employee leasing or temporary agencies); Not physically working on U.S. soil 8

9 Section 1: Employee s Responsibility Section 2, Part I: Employer s Responsibility Section 2, Part II: Certification 9

10 Section 3: Reverification and Rehires Form I-9: Acceptable Documents List of Acceptable Documents Employees must present: one ID from List A; OR one ID from List B and List C 10

11 List A of Acceptable Documents Lists B &C of Acceptable Documents List of Acceptable Documents Documents must be unexpired Documents must be presented within 3 business days of hire Photocopied documents are not acceptable Receipts in lieu of IDs Accept documents that reasonably appear to be genuine and relate to the person presenting them 11

12 Issuing Authorities Document Type U.S. Passport / Passport Card Permanent Resident Card Employment Authorization Card Driver s License / State-Issued ID Social Security Card Birth Certificate Issuing Authority U.S. Department of State U.S. Citizenship and Immigration Services (USCIS) U.S. Citizenship and Immigration Services (USCIS) Any state, territory, or Canadian government authority U.S. Social Security Administration U.S. Department of State Form I-9: Penalties & Other Considerations Penalties Employer Civil penalties and civil document fraud Criminal penalties Unlawful discrimination claim Employee 12

13 Unlawful Discrimination It is illegal to discriminate based upon citizenship or immigration status Laws prohibit employers from hiring only U.S. citizen or lawful permanent residents Employers may not require proof prior to an accepted job offer Choice of document Allowed Candidate Questions Acceptable employment application questions: Are you authorized to work lawfully in the United States for [Company Name]? Will you now or in the future require [Company Name] to commence ( sponsor ) an immigration case in order to employ you (for example, H-1B or other employment-based immigration case)? This is sometimes called sponsorship for an employment-based visa status. E-Verify 13

14 E-Verify Requirements Requires copies of documents provided for the I-9 and a social security number Optional for most U.S. employers Required by federal or state law: Federal contractors and subcontractors if the contractor contains the Federal Acquisition Regulation E-Verify clause Required in: Alabama, Arizona, Mississippi, and South Carolina Required for some employers, based on size in: Georgia and Tennessee Form I-9: Audits Conducting an Internal I-9 Audit Why audit When to audit What is generally found in an audit 14

15 Internal I-9 Audit Steps Determine priorities Organize documents Reach out to each employee without an I-9 or with an incomplete I-9 Corrections Terminated employees Recording the audit Thank you! Monica Weimar, PHR, SHRM-CP HR Specialist Monica has held roles as an HR Generalist and Payroll and Benefits manager at a large ski resort, providing HR guidance to more than 500 employees. She also has HR experience in the healthcare field. Monica is the HR Committee Chair for the Ronald McDonald House Charities of Central Oregon, and holds a Bachelor of Science degree from Linfield College. 15

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