Smart Benefits: Are Your Forms I-9 in Compliance?

Monday, July 22, 2019

Rob Calise, GoLocalWorcester Business/Health Expert

Rob Calise

With the federal government stepping up immigration enforcement, now’s a good time to ensure your Form I-9 practices are compliant.

Form I-9 is used to make sure that only people legally authorized to work in the US are employed. US regulations require employers to complete a Form I-9 for all employees regardless of age or employment status. Here’s what you need to know to complete the forms correctly.

Newly-hired employees must complete and sign Section 1 of the form no later than their first day of employment.
Employers must ensure that Section 1 is completed properly and on time.
Employers may not ask an individual to complete Section 1 before he or she has accepted a job offer.
Employers must complete Section 2 of the form within three business days of the first day of work for pay.
Employers or their authorized representatives should complete Section 3 when reverifying that an employee is authorized to work. When rehiring an employee within three years of the date on which the Form I-9 was originally completed, employers have the option to complete a new Form I-9 or complete Section 3.

To stay in compliance, retain Form I-9s on file for all active employees indefinitely. For terminated employees, keep I-9s for three years after the date of hire or for one year after employment is terminated, whichever is later, in a separate file (not in the employee’s personnel file) or in a compliant cloud-based system. If you choose to copy or scan the documents used to verify an employee’s identification when completing the Form I-9, you may, but aren’t required to, retain these copies with the employee’s form. When you opt to keep copies, you must do so for all employees to avoid violating anti-discrimination laws.

By following these tips, you’ll reduce your company’s potential liability just by making a good faith effort to keep your files and I-9s in compliance.

Rob Calise is the Managing Director, Employee Benefits of The Hilb Group of New England, where he helps clients control the costs of employee benefits by focusing on consumer-driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance