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Tips for verifying Santa's temporary helpers

November 2020 employment law letter
Authors: 
KoKo Ye Huang and Asasia Pierce, Perkins Coie LLP

The holiday shopping season may look a little different this year, especially as consumers make more purchases online during the COVID-19 pandemic. In response to the annual influx of orders, employers may hire seasonal workers to assist. If so, they should keep in mind all new employees, even if only seasonal and temporary, must prove employment eligibility by completing the I-9 form and providing evidence of their identity and employment authorization.

Steps for hiring seasonal workers

Here are some helpful tips for employers that plan to hire seasonal workers.

At time of hire. Employees must complete Section 1 of the I-9 form at the time of hire, which is the first day they start to work for pay. They may complete Section 1 before the time of hire, but a job offer must be extended and accepted first. Among other things, Section 1 requires them to affirm their employment authorization status.

Within three business days. An employer must complete Section 2 of the I-9 form and the corresponding verification process within three business days of the date employment begins. The process includes the employees presenting the employer with original documents evidencing their identity and employment eligibility. You must allow them to choose which papers to offer from an acceptable list of documents included with the I-9 form.

Although employees are always entitled to three business days to produce the admissible documents, you may ask new hires to bring acceptable I-9 records on the first day of employment for quicker and easier completion of the verification process.

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