If you work in hospitality, food services or retail, chances are you are hiring temporary employees this summer. According to a recent survey by Snagajob, 74% of employers in these industries expect to hire temporary workers this summer.
When it comes to summer hires, there are I-9 compliance pitfalls you want to take into consideration. A number of common myths about I-9 & E-Verify requirements for temporary workers get employers into trouble. Before you do your summer hiring, it would be wise to make sure you are not operating under any of these myths.
I-9 COMPLIANCE MYTHS FOR SUMMER HIRES
“Since our temporary hires will only be with the company for a short time, I don’t need to be too concerned about I-9 compliance.”
Fact: Your organization has to live with the I-9 form for a minimum of 3 years for every employee it hires. This includes temporary employees. If Immigration and Customs Enforcement (ICE) conducts an I-9 audit, they can fine you up to $1,100 per form in error, regardless of how long the employee worked for your organization.
“I have 3 days to fill out the I-9 for all my summer hires.”
Fact: While it is true that normally you have a 3-day grace period to complete a Form I-9, there is an exception to this rule that you should keep in mind when hiring temporary workers: If an employee is only hired to work 3 days or less, you must complete the I-9 on their first day of work.
“If the temporary employee has a receipt in lieu of an original document, it will work fine.”
Fact: It is true that normally you can accept a receipt in lieu of a Section 2 document. But here again, there is an exception to this rule that can bite you with temporary employees: If you hire an employee to work 3 days or less, you can only accept original Section 2 documents.
“I can let my managers decide how they want to process the I-9s for workers we re-hire.”
Fact: If you re-hire an employee within 3 years of their original date of hire, you can choose to either complete a new Form I-9 for them, or you can update Section 3 of their original Form I-9. But whichever method you choose, you should use that method consistently for every re-hire at every location. Inconsistencies tend to get scrutinized in an ICE I-9 audit. Be consistent and you’ll avoid the risk of appearing to treat one group differently from another.
“Since these employees are temporary, I don’t have to E-Verify them.”
Fact: If the work location participates in E-Verify, you must E-Verify all new hires at that location, even temporary hires. This is true even if you’ve chosen to use E-Verify voluntarily at that worksite. If your organization is a federal contractor and the temporary hire will work under the contract, or if state or local E-Verify laws mandate use of E-Verify for that location, you must E-Verify all employees you hire to work at that location, even if they work for 3 days or less.
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