When it comes to I-9 compliance, employers need to take proactive steps to avoid potential civil fines or even criminal penalties. In our recent webinar, Brent Pohlman, Partner in Labor and Employment, broke down key actions businesses must take to ensure compliance.
First, employers must use reasonable care when collecting and verifying I-9 documents. Employees should completely fill out their forms and provide supporting documentation. Employers must also keep copies of those documents, have them available for inspection, and avoid turning a blind eye to potential issues.
For example, if multiple employees present the same work authorization number, Social Security number, or green card number, that’s a red flag. Employers can’t just accept documents at face value—they must make reasonable determinations about the information provided.
One essential best practice is to conduct an annual self-audit. This means reviewing I-9 forms, ensuring proper documentation, and requesting updated work authorization from employees with temporary status. Given federal processing delays, even a renewal application can suffice as proof.
By taking these steps, employers can protect their business and ensure compliance in the event of an inspection by the Department of Justice or Department of Labor.
Watch the full video to learn more from Brent Pohlman.