WHAT’S NEW IN 2022 DEVILISH DETAILS « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

WHAT’S NEW IN 2022 DEVILISH DETAILS

Special I-9 Rules for COVID-Caused Remote Workers are Extended to April 30, 2022

The federal government requires employers to verify identity and work authorization of their employees using a Form I-9 (Employment Eligibility Verification) with certain supporting documentation.

The Department of Homeland Security (DHS)  has recently announced that the extension for employers to inspect I-9 documents remotely will continue to apply from December 31, 2021, to April 30, 2022 for workplaces with no employees physically present due to the pandemic.

Thus, eligible employers are still able to perform the required I-9 document review remotely over a video link, fax, or email so long as they obtain, inspect, and retain copies of the documents within three business days of hire.  Such employers must also provide written documentation of their remote onboarding and telework policy for each employee.

Once normal business operations resume, the remote hires must then provide in-person documentation verification within three business days, at which time the employer must enter “COVID-19” as the reason for the physical inspection delay in the form’s “additional information” field.

Potential consequences for noncompliance can include civil fines of up to $23,331 per occurrence as well as criminal prosecution and imprisonment.

Affected employers must monitor the DHS and U.S. Immigration and Customs Enforcement (ICE) websites for further updates.

Clear, written employee policies should include the protocols for remote (“telecommuting”) workers. Our template employment forms and handbook packages cover this area.

See also:

For more information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

Cindy Bamforth
January 21, 2022

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