I-9 Compliance

Did you know that since 1986, all U.S. employers must complete and retain a Form I-9 for each individual they hire for employment in the United States? This includes employee citizens and non-citizens.

After the form is completed by an employee, the I-9 must for kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials. Surprise audits have recently become more common, and penalties for non-compliance are being assessed. Several million dollars have been assessed for seemingly innocuous paperwork violations. Penalties for failure to comply with the employment verification requirements, whether intentional or not, can range from $100 to $1,100 per violation. Civil penalties for knowing violations can range from $250 for the first violation up to $11,000 per violation for repeated violations.

To maintain compliance with I-9 requirements, it is vital that businesses develop and implement internal procedures for their records. By demonstrating a good faith effort in complying with I-9 procedures, employers can avoid the penalties associated with knowing violations.

At Hymson Goldstein & Pantiliat, we work closely with our clients in all matters of labor and employment to ensure they are compliant with the law. We focus on limiting exposure and protecting interests so that our clients can run their business. Feel free to contact me if you have any employment concerns or questions regarding any other legal matter.


*Source: Federal Reserve Bank of New York, Quarterly Report on Household Debt and Credit: May 2011

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