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  1. #1
    Join Date
    May 2018
    Posts
    2

    Default Compliance With I-9 72-Hour Verification Requirements

    My question involves labor and employment law for the state of: Wisconsin

    We collect I9 documents and keep a copy on file for the required 3 years. My question though is surrounding the 72 hour verification requirement because our staff are hourly staff in remote locations. When they clear our headquarters onboarding paperwork and background check they are cleared to work. However, for us that means that we put them in the scheduling pool. They may start actual paid work that day or they may start a week later. Headquarters is stating that if they start a week later we are out of compliance with 72 hour I9 verification but this makes no sense to me because we have the copy of the documents. We don't use E-Verify or any system like that so it is a matter of us having the docs.

    Are we out of compliance or is having a copy of I9 documentation and having them put in the scheduling pool sufficient?

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: I9 72 Hour Compliance

    They are hired when they are put into the scheduling pool. The 72 hour rule is that page 2 of the I9 and the documents must be completed no later than 3 days after hire. There is nothing in the law that requires that they actually start working.

    The instruction in the I-9 says this, it is speaking to the employee.

    "Within 3 business days of starting work for pay, you must present to your employer documentation that establishes your identity and employment authorization."
    X number of days BEFORE they start working meets that requirement.


    From the employer instructions it says...

    Within three business days of the date employment begins, the employee must present to you an original document or documents that show their identity and employment authorization. For example, if an employee begins employment on Monday, you must review the employee’s documentation and complete Section 2 on or before Thursday of that week.
    Notice there is no mention of working here.

    Notice

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: I9 72 Hour Compliance

    you do know the retention rule is not just 3 years, right? "Employers must retain original I-9 forms for three years after the date of hire, or one year after the date employment ends, whichever is later. The forms should be stored separately from other personnel files"

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: I9 72 Hour Compliance

    I read right over that part hr for me.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I9 72 Hour Compliance

    I guess it depends if he keeps his employees for more than two years

  6. #6
    Join Date
    May 2018
    Posts
    2

    Default Re: I9 72 Hour Compliance

    Quote Quoting flyingron
    View Post
    I guess it depends if he keeps his employees for more than two years
    These are LTE part-time positions. They are max of 6 months. Thank you

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