Employers now have the option of collecting employment verification electronically
The United States Immigration and Customs Enforcement (ICE) and Department of Homeland Security (DHS) recently published guidelines for employers that wish to use electronic employment-eligibility verification forms (form I-9). All employers in the US, including those who recruit or refer people for employment, are required to verify the identity of every employee and that they are eligible under the immigration laws to work in the US. The law also requires that such I-9 forms are retained for up to three years.
Now such verifications can be performed with an electronic signature, and employers also have the option of storing the forms in paper form, on microfilm or microfiche or through electronic means. The new electronic options can save employers money and space (previously used to store records) and have also been shown to increase accuracy. Although there is no government-wide standard for electronic signatures or record keeping, some agencies, such as the IRS, have established electronic standards that may be used as guidance by employers wishing to implement their own policy.
The most important thing for employers to remember is to draft a policy that maintains the integrity, accuracy and reliability of the electronic forms and signatures. The ICE Web site explains that an electronic signature may be "captured" by such methods as an electronic signature pad, a personal identification number (PIN) or a "click to accept" dialog box on the computer. Electronic storage programs should include regular evaluations of the systems. An experienced labor and employment attorney can help your company develop a policy for collecting and storing electronic employment verifications.
-- Marty Marta, Labor and Employment attorney, Seyfarth Shaw LLP, with assistance from Melanie H. Berkowitz, Esq., Seyfarth Shaw LLP.
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posted by Nicholas Gustavson @ 8:03 AM
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