An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

Form I-9. The new version bears a revision date of July 7, 2017. Employers must use the new version of Form I-9, effective September 18, 2017. In addition, schools must:

 Have employees fill out their part of the Form I-9 when they start to work;  Check documents establishing each employee’s identity and eligibility to work (photocopies should be kept with the I-9);  Complete the Form I-9;  Retain the Form I-9 during employment, or at least three years after the date of hire or one year after termination, whichever is later; and  Present the Form I-9 for inspection to a DHS or Department of Labor officer upon three days advance notice. 350

All persons hired after November 6, 1986 must complete the Form I-9 and schools must retain the forms for these individuals. 351 The employee must complete Section 1 of the form at the time of hire, i.e. the first day of employment. Previously, the form and instructions stated that the employee must complete Section 1 “by the end of the first day of employment.” (Emphasis added.) Employees may complete Section 1 of Form I-9 before the time of hire, but no earlier than acceptance of the job offer. 352 Note: Providing a Social Security number on Form I-9 is voluntary for all employees unless the employer participates in the U.S. Citizen and Immigration Services E-Verify program. (See discussion of E-Verify below.) Providing an e-mail address or telephone number is also voluntary. 353 The employer must complete Section 2 of the form by examining evidence of identity and employment eligibility within three business days of the date employment begins. Employers may accept valid unexpired documents only. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety days. However, if employers hire individuals for less than three business days, the employer’s section must be completed no later than the first day of employment. 354 Schools should be aware that, effective January 1, 2017, it is unlawful for employers to take the following actions above and beyond their legal obligation under federal law to verify the immigration status of employees and applicants: (1) request more or different documents than permitted pursuant to federal law; (2) refuse to honor documents that on their face reasonably appear to be genuine; and (3) refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work. 355 A school found to be in violation of these provisions may be assessed up to a $10,000 penalty per violation and may also be liable for equitable relief. 356

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 99