More Than Just a Form:

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Gordon Lang
8 years ago
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1 More Than Just a Form: I-9 Compliance Tips for Every Employer presented by Megan M. Ruwe (612) mruwe@winthrop.com

2 Recent Headlines ICE recently announced it will issue more than 500 Notices of Inspection across the nation Audits focus on employers who are allegedly hiring unauthorized workers paying unfair wages otherwise exploiting workers Respondents had only 3 business days to produce all I-9 forms

are allegedly hiring unauthorized workers paying unfair wages otherwise

3 Fines Against Employers Abercrombie & Fitch fined over $1 million for I-9 violations Fines resulted from deficiencies in electronic maintenance of I-9 forms A&F cooperated fully ICE did not discover any proof that A&E knowingly hired unauthorized aliens

electronic maintenance of I-9 forms A&F cooperated fully ICE

4 An estimated 90% of employers have made errors in completing I-9 forms I-9 audits are becoming more common It is easier to ensure proper completion and correction of I-9 forms than to go through an audit

common It is easier to ensure proper completion

5 Understanding the I-9 Form Section 1 Employee Information and Verification Section 2 Employer Review and Verification List of Acceptable Documents Documents establish identity and employment authorization Section 3 Updating and Re-verifying

List of Acceptable Documents Documents establish identity

6 Section 1

7 Understanding the I-9 Form Section 1 Must be completed by employee when he or she begins work Earliest: When an offer of employment is extended May provide assistance or translation services to the employee Read form to the employee, assist with completion, and ask the employee to sign Preparer/Translator Certification must be completed

or translation services to the employee Read form to the employee, assist with

8 Section 2

9 Understanding the I-9 Form Section 2 Must be completed within 3 business days after employment begins Original document(s) must be presented Accept documents that reasonably appear to be genuine Do not instruct the employee which documents to present

must be presented Accept documents that reasonably appear to

10 Section 3

11 Understanding the I-9 Form Section 3 If Section 3 has already been completed as part of a previous reverification, use a new Form I-9 Also used for employee s re-hire if: Rehire is within 3 years of initial hire and previous grant of employment has expired but employee is now eligible to work under new grant of authorization Employee is still eligible to work on the same basis as when original I-9 completed

initial hire and previous grant of employment has expired but employee is now eligible to work under

12 Common I-9 Mistakes I-9s not completed at all I-9s not fully completed Untimely completion Sections 1 & 2 Instructing employees which documents to present Failure to re-verify documents; and Improper maintenance of I-9 forms

Instructing employees which documents to present

13 Hypothetical Employer sends I-9 form to individual along with offer letter Employee s first day of work: December 1 Employee presents passport to prove identity and authorization to work

15 Correcting I-9 Errors Section 1 The employee should make any necessary corrections. Section 2 The company representative who initially completed the form should make all changes. If that representative is not available, another company representative should make the changes. Correct, initial, and date the I-9 form Complete new I-9 form and attach prior I-9 form

18 How to Avoid Errors Maintain copies of documents properly Store I-9 forms separately from personnel files or other documents Copy no more than what is required Timely completion Section 1: First day of employment Section 2: By the 3 rd day of employment Look out for expired documents Re-verify any necessary documents

required Timely completion Section 1: First day of employment Section 2: By the

19 Best Practices I-9 Policy and procedures I-9 Audit/investigation response plan Appoint I-9 administrator Regular I-9 audits Participate in E-Verify?

20 Policies & Procedures Require proper and timely completion of I-9 Form State that individuals who do not comply with I-9 requirements will not be employed Re-verifications will occur timely I-9 training Discrimination not tolerated

comply with I-9 requirements will not be employed

21 Policies & Procedures Appoint a company designee to oversee I-9 matters Create and maintain written guidance regarding I-9 procedures Completion of form and re-verification Maintenance of I-9 form Address supporting documentation Conduct audits regularly

22 E-Verify Internet Employment Verification System Participation is voluntary unless otherwise mandated Federal contractors Federal government OPT extensions Does not replace I-9 forms

23 Electronic Maintenance Most helpful for employers with several locations Regulatory requirements: Secure database Indexing system Electronic summary files/spreadsheet Confirmation of electronic signature

24 THANK YOU! Megan M. Ruwe (612)

I-9 AUDIT: CORRECTING DEFICIENCIES

I-9 AUDIT: CORRECTING DEFICIENCIES Section 1: Check that the following employee information is completed and correct: Employee name? Date of birth? Social security number? (optional, unless using E-Verify)