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Each summer, an influx of individuals join the workforce. Summer employment offers younger workers an opportunity to gain real-life job experience; for others, such as teachers and retirees, seasonal positions give them the chance to earn extra income. In some industries, the summer months can be the busiest and most profitable of the year.<\/p>\n
While the increase of available workers during this time can benefit many organizations, there are important considerations for employers to keep in mind. Among these considerations is the Immigration Reform and Control Act of 1986 (IRCA). This law requires all employers, regardless of size, to hire only individuals who may legally work in the United States. To comply with this law, employers must verify the identity and employment authorization of each individual they hire by completing and retaining the Employment Eligibility Verification form (Form I-9).<\/p>\n
Complying with Form I-9 requirements can be challenging, especially when it comes to summer employees. For example, employers must know when to complete a new form for returning hires and be prepared to address situations where minor employees do not have identity documents. Form I-9 errors can subject employers to expensive violations, fines, and penalties. Additionally, the federal government has increased its Form I-9 enforcement efforts in recent years, making compliance especially critical. By reviewing Form I-9 requirements for summer hires, employers can strengthen their operations and reduce their potential legal risks.<\/p>\n
Employers must complete a Form I-9 for each individual they hire to perform labor or services in return for wages and other remunerations. This requirement applies to new employees hired in the United States after Nov. 6, 1986. Accordingly, organizations that employ summer workers who meet these criteria must complete a Form I-9 for each new hire.<\/p>\n
Many summer employees return to work for the same employer each year. In these situations, an employer may be able to use an employee\u2019s original Form I-9 to meet the IRCA\u2019s verification requirements. Specifically, if an employer rehires an employee within three years from the date of their previous Form I-9, the employer is not required to complete a new form for that individual. Instead, the employer must complete Section 3 of the employee\u2019s original Form I-9.<\/p>\n
Employers must complete Section 3 when:<\/p>\n
When completing Section 3, an employer may need to reverify an employee\u2019s work authorization document if it has an expiration date. If an employer fails to reverify an employee\u2019s work authorization document, they may be subject to penalties and fines for knowingly employing an individual who is not authorized to work in the United States. In addition, employers should ensure that any necessary reverification is completed in a timely manner.<\/p>\n
If an employee is rehired more than three years from the date their previous Form I-9 was completed, the employer must complete a new form. Further, if a new version of Form I-9 has been released since the employee completed their previous form, the employer and the employee must complete a new Form I-9, including having the employee provide identity and employment authorization documents.<\/p>\n
In certain circumstances, some interruptions in employment do not constitute a new hire or rehire for Form I-9 purposes. When an employee is continuing their employment and has a reasonable expectation of employment at all times, they are not considered a new hire or rehire and are not required to complete a new Form I-9. According to the U.S. Department of Homeland Security\u2019s Handbook for Employers<\/a>, situations that typically constitute continuing employment include the following:<\/p>\n To help determine whether an employee who is continuing their employment has a reasonable expectation of employment at all times, an employer should consider the following factors:<\/p>\n If an employee is deemed a continuing employee, the employer should still review the employee\u2019s previously completed Form I-9 to ensure that no additional updates are needed, such as reverifying employment authorization documents.<\/p>\n Employers need to distinguish between paid and unpaid interns when complying with Form I-9 requirements. For Form I-9 purposes, paid interns are treated similarly to regular employees. Therefore, if a paid intern is a new hire, rehired after more than three years, and not considered a continuing employee, an employer must complete a new Form I-9. Since unpaid interns do not receive wages and other remunerations, they are not required to complete Form I-9.<\/p>\n Minors \u2013 individuals under age 18 \u2013 can complete Form I-9 and present identity and employment authorization documentation. However, if a minor is unable to present an identity document from List B of Form I-9, the minor\u2019s parent or legal guardian may establish the minor\u2019s identity. To do so, the minor\u2019s parent or legal guardian must follow these steps:<\/p>\n The employer must then enter \u201cminor under age 18\u201d under List B when completing Section 2 of the form.<\/p>\n Form I-9 requirements impact all employers. As enforcement actions continue to escalate, it\u2019s vital that employers understand their Form I-9 compliance obligations for summer employees. By understanding these responsibilities, employers can determine how well their organizations are meeting Form I-9 requirements and identify whether they need to make any changes.<\/p>\n This article provides a general overview of Form I-9 considerations for summer employees and is not intended to be exhaustive. Due to the complexities of complying with Form I-9 requirements, employers are encouraged to seek legal counsel to discuss specific issues and concerns.<\/p>\n \u00a9 2023 Zywave, Inc. All rights reserved.<\/em><\/p>\n isolved<\/a>, GTM’s payroll and HR platform, makes it easy to handle new hire paperwork, whether you’re hiring a summer employee or any time of the year. Eliminate paper forms with built-in I-9 processing, enable electronic signatures for agreements, and simplify tax processing to reduce cost and the likelihood of errors. Request a free quote<\/a> to learn more.<\/p>\n","protected":false},"excerpt":{"rendered":" This article provides a general overview of Form I-9 considerations for summer employees.<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[232],"tags":[],"post_folder":[],"class_list":["post-13916","post","type-post","status-publish","format-standard","hentry","category-gtm-biz-blog-isolved"],"_links":{"self":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/13916","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/comments?post=13916"}],"version-history":[{"count":5,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/13916\/revisions"}],"predecessor-version":[{"id":13922,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/13916\/revisions\/13922"}],"wp:attachment":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/media?parent=13916"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/categories?post=13916"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/tags?post=13916"},{"taxonomy":"post_folder","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/post_folder?post=13916"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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4. Unpaid Interns<\/h3>\n
5. Minors<\/h3>\n
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Takeaway<\/h2>\n
Automate Your Form I-9 Processing with GTM<\/h2>\n