H.R. Alert for July 2008

I am sure that most of you are aware that you must verify a new employee's right to work in the United States by completing the infamous I-9 Form. Your I-9 obligations stem from two sets of laws: 1) the Immigration and Nationality Act (INA) and the 2) Immigration Reform Control Act (IRCA). These laws are to limit employment of individuals not authorized to work in the U.S. and to deter discrimination in the workplace based upon national origin, immigration status, appearance and accent. Unfortunately completing the I-9 Form does not end your obligations as an employer.

As an employer you must complete the I-9 Form for every new employee that you have hired subsequent to November 1986. The form must be retained for three years from the date of employment or one year following an employee's resignation or termination. By completing the I-9 Form you must verify that you have actually inspected the new employee's documents establishing the identity of the employee and his/her work authorization. A list of acceptable documents is included on the form itself. The I-9 instructions are very important and should be taken literally. You should accept any of the appropriate documents from the listed categories and please do not ask for specific documents from the lists (a Social Security card) on the I-9 Form. Also, you may not refuse to accept permitted documents that relate to the individual and appear authentic. You may, however, refuse to accept documents where 1) the signature does not match the printed name, 2) there are typos on an official document, 3) the photograph is peeling off and you can see another photograph underneath, 4) the signature on the card does not match other documents, etc.

An employee's work authorization documents must be renewed on or before the expiration date and it is your responsibility to update the I-9 Form. You must accept the original documents provided by the employee when she/he was first hired.

What about I-9 discrimination? You may not refuse to hire, or recall after a layoff any former employee because of that employee's national origin or citizenship. Furthermore, you may not intimidate harass, coerce, retaliate against any employee or former employee who exercises his/her rights under the Immigration Reform Control Act's discrimination provisions.

Incidentally, the Novato Chamber of Commerce is presenting an excellent breakfast seminar (Business to Business) on the Workers' Compensation crises and resolution - how did we get to where we are, the 2004 reform legislation and when, if ever, will you see your rates decline. We have three excellent panelists, all experts on Comp. The seminar is from 7:30 A.M. to 9:00 A.M., Friday, July 30th at the Hilltop Restaurant in Novato. Please call Michelle to register at (415) 897-1164.

Have a great summer,

- Larry Levy

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