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Cost of Poor I-9 Compliance

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Brian Elfrink and Gordon MiddletonCompliance Tip of the Week

With the extension of the I-9 Covid policies until 8/31, employers should be reminded that a Standard Operating Procedure, (SOP), document for all I-9 processes is a key component to any I-9 compliance plan. The SOP is helpful in that not only does it clearly lay out compliance policies for employers with numerous I-9 completers, it also assists auditors in evaluating forms. A clearly laid out SOP can be a key component to establishing a good faith compliance effort that can help mitigate or even eliminate any potential fines.

A good SOP will illustrate an employer’s position regarding such items as:

  • Completion of the I-9 prior to the first day of work for pay.
  • How the employer handles rehires in the I-9 process.
  • Handling of more complex items such as reverifications, or specific E-Verify cases.

SOPs are a highly useful part of the overall I-9 process, and employers who have yet to develop a sound plan should revisit that process now, prior to the end of the Covid process, when remotely completely forms must be reviewed and normal documentation policies return.

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