Hiring in Emergency Situations
By Kevin M. Mosher • Apr 10, 2015
Question: I’m hiring someone for just Saturday and Sunday to help with an emergency situation. After the two (2) days they are done working for the company. Do I still need to complete the Form I-9? If so, what is my timing for completing it?
Answer: Federal regulations required that for all new hires you complete the Form I-9 to ensure that the person is legally authorized to work in the U.S. There are limited exceptions that might allow you to avoid this requirement, but it’s unlikely that any of them would apply to the above situation. So, yes, even if the work is only for two (2) days, federal law requires that you confirm that the person is legally authorized to work in the U.S. and you complete the form accordingly.
The second question is more nuanced. What is the timing for completing the form? The Form I-9 has two parts for new employees — Section 1 and Section 2. Section 1, the employee’s background information, must be completed no later than the first day of employment. Section 2, proving the employee is authorized to work, must be done no later than day three of employment. That is, except when the employment is for less than three days. If the employment is for less than three days, the Sections 1 and 2 must be completed no later than the first day of work.
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