During the pandemic, employers had to shift and adapt many work processes, including onboarding. At the same time, many states temporarily set aside deadlines to renew identity documents such as Driver’s Licenses, so people would not have to wait in lines and potentially be exposed to SARS-COV-2. To help companies continue to hire, the federal government temporarily allowed employers to accept these expired identity documents at hire. However, that provision expires on May 1. Act today to remain in full compliance with your I-9 paperwork.
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Stay Compliant with New Hire Paperwork and Reporting
Emergency Contact form for company use.
Form I-9 which verifies the new hire’s legal eligibility to work in the U.S. Note: it is also best practice to verify the social security number to avoid payroll problems.
Form W-4 to determine federal income tax withholding.
State tax withholding form if applicable.
Direct deposit form for payroll if they opt for electronic pay rather than a check.
Confidentiality/Non-Disclosure if applicable.
Non-compete agreement if applicable.
Employee handbook acknowledgement that proves the employee received a copy of your company’s policies and procedures.
Benefit enrollment forms for employee benefits such as health care, insurance policies, 401k.
Form I-9 Identity Verification was Changed During COVID
Employers should use Form I-9 to establish and verify a new employee’s identity legal authorization to be employed. To do this, you need to view and verify identity documents. Form I-9 includes three list (List A, B, and C) “Acceptable Documents” that establish the employee’s identity or their employment authorization or both.
Because of the COVID-19 pandemic emergency, the Department of Homeland Security temporarily allowed employers to accept expired identity documents from List B to complete Form I-9. List B identity documents include driver’s licenses and state-issued ID cards.
Beginning May 1st, Employers May No Longer Accept Expired ID
Acceptance of expired documents was permitted between May 1, 2020, and April 30, 2022, if the employer viewed the expired documents, believed they appeared authentic and confirmed the documents matched the person presenting them. This temporary provision will expire at the end of April. It is especially important that you do not accept any expired List B identity documents on or after May 1, 2022.
Update Prior I-9s by July 31 to Bring Them into Compliance
If you accepted expired List B identity documents for any new hires over the past two years, DHS requires you to update the I-9s of those employees with current (unexpired) ID documents. According to the Society for Human Resource Management (SHRM), the employee can choose to present a renewed version of the List B identity document that was expired when they were hired, or they can present a different type of List A or B document.
Remember, failure to comply with I-9 requirements can be very costly and violations are entirely the responsibility of the hiring company. In January of this year, an Administrative Law Judge imposed more than $1.5 million in fines on a staffing company for numerous I-9 paperwork violations.
If your company needs help learning more about I-9 compliance verification or you’d like a team of HR compliance experts to complete the process for you, Asure can help. Find out more about our HR resources and consulting services.