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I-9 what is "3 business days"
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I-9 what is "3 business days"
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I know this sounds silly, but for the I-9 requirement that it be completed in 3 business days does that mean on day 3 of work or day 4 of work for the employee?
"One business day" in my mind does n
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Forums » Topic Forums » Legal Forum » I-9 what is "3 business days"
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I-9 what is "3 business days"
posted at 5/1/2010 5:03 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
From the ICE website:
"Employer liability is through actual or constructive knowledge and prosecutions are be supported with circumstantial evidence of constructive knowledge, including constructive knowledge of independent and subcontractor employee I-9s and authorized employment status. A worker may be deemed a company "employee" through a subcontractor relationship." You'll have a tough time avoiding liability given the above. I suggest that you review your contract with your temp labor provider to ensure there's language in it that specifies that the provider be checking for legal right to live and work in the US. And you might want to consider having the agency terminate those temps you know to be here illegally. |
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I-9 what is "3 business days"
posted at 5/3/2010 6:26 AM EDT
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Posts: 160
First: 12/5/2002 Last: 4/26/2011 |
Lots of good comments, thank you. I appreciate the opportunity to play the devils advocate and hear what other HR professionals'concerns are.
I agree that we have a co-employer relationship with our agency and understand your concerns about having constructive knowledge about employees who are not legal to work. I think you are right that if they indicate that they are either permanent residents or have a work authorization adn cannot provide documents it is time to suspend until they can provide the documents. I have another employee who is a US citizen, but is unable to complete the I-9 because their Driver's License is expired. In this case I do not have actual or constructive knowledge that the employee is not legal to work. While I cannot bring her onto my payroll, I do not have any indication that she does not have a right to work: the ID was valid when she began working with the agency and there is no legal requirement to update an expired license. |
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I-9 what is "3 business days"
posted at 7/14/2010 1:19 PM EDT
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Posts: 160
First: 12/5/2002 Last: 4/26/2011 |
Update: according to the USCIS website, the 3rd business day after the employee starts work is their 4th day of work.
The link is too long to post, but the page is called "What's the Hire Date for E-Verify" and can be found using the site search. Their example is: "If the employee starts work for pay on Monday, the third business day after the employee started work for pay is Thursday (assuming all days were business days for the employer). The first day the employee starts work for pay is not included in the three business day calculation." |
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