Questions & Answers:
What should be done for I9s that were never completed for an employee or are missing from files?
Create a new I-9 for these employees and add a memo explaining that you were not able to find the original I-9. You should not have I-9’s for employees that were hired before November 6, 1986 and do not need to create one for these employees.
We track the expiration date of Permanent Resident cards. Is this allowed?
There is no reason to track expiration dates of permanent resident cards. Tracking the expiration dates of Permanent Resident cards can result in fines if you reverify permanent resident (i.e. require them to provide a new green card/permanent resident card once their current one expires). Never reverify permanent residents or US citizens. The expiration date on a document for these employees only matters when you first complete the I-9. Every employee (US citizen, permanent resident, or immigrant) must provide unexpired documents when they first complete the I-9. You do not update old documents for citizens or permanent residents.
If someone has temporary work authorization and they do not get new documents before it expires, how should that be handled?
It depends on their status. If an employee has an Employment Authorization Document (EAD card) and renews it then they may be eligible for a 180-day extension beyond the expiration date of the EAD card. This employee would still be eligible to work even if the expiration date on the EAD card has passed. Once they receive the new card, then they will then be eligible to work until the EAD card expires (and will probably be eligible again for an automatic 180-day extension). Other employees may be eligible for a 240-day extension. Some employees are not eligible for any such extension. This is why it is important to talk to the employee and any immigration counsel to determine whether an employee is authorized to work after their current EAD card expires. It is best to have these conversations with the employee 90-120 days before the employee’s EAD card expires to avoid the issue altogether.
Must religious clothing be allowed for law enforcement, paramedics or other professions for which uniforms are required?
This will depend on the particular job that the person has. In some situations, employers may forbid certain kinds of religious clothing, but generally there is a duty to accommodate employee’s religious clothing. For example, flowing, long clothes that may be required for certain religions may not be accommodated if it may get caught in certain machinery or will not allow the employee to perform their job duties as a paramedic, etc. Generally, most employers can easily accommodate employees that must wear certain religious garb such as allowing Jewish workers to wear a kippah or yarmulke.
For employee that are still working do you have to do new I9"s every 3 years?
No, you never need to create a new I-9 for current employees unless you lost the old I-9. Employees that have worked for you before November 6, 1986 do not have I-9’s and you do not need to create one for them.