All current employees must have completed I-9s on file. Employers are also required to maintain the I-9 forms of former employees for the later of three years from the date of hire, or one year from the date of termination.
The form I-9s should be inspected to ensure they are completed properly. Deficiencies and missing information should be corrected, dated and initialed by either the employee (Section 1 of the form) or the employer (Section 2 of the form).
Any I-9s for terminated employees that do not need to be maintained should be purged.
Exempt wage and hour classifications, independent contractors, I-9 forms and employee handbooks are just some of the many areas that we suggest employers review to ensure legal compliance as we move into the New Year. Halpern Employment Law Advisors is available to assist employers in conducting employment law audits.