A recent decision issued by the Department of Justice's Office of the Chief Administrative Hearing Office ("OCAHO"), found that an employer's failure to complete Section 2 of the I-9 (Employment Eligibility Verification) form within three business days was a "substantive" rather than technical/procedural violation. This is an significant change that could result in employers facing increased fines. In an audit, an employer has the opportunity to request 10 days to correct "technical/procedural" errors and avoid I-9 fines and penalties. An employer does not have the opportunity to correct "substantive" violations. Click here to read the OCAHO decision.
Failure to Complete I-9 within 3 Days is "Substantive" Violation
Saturday, June 5, 2010