As of August 1, 2016, new monetary penalties will be imposed on employers who violate I-9 compliance policies and procedures. The United States Department of Justice issued an interim final rule to adjust the monetary penalties in accordance to the Federal Civil Penalties Inflation Adjustment Act of 1990 that was amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The interim final rule was ruled on July 1, 2016 and went into effect on August 1, 2016. The new penalties will apply to violations that occurred after November 2, 2015.
By law, employers are required to file the Employment Eligibility Verification form I-9 for all of their hired employees. The form is used to verify the identity of the employee and if the employee is legally eligible to work in the United States. Employers can face monetary fines if they do not file the I-9 forms properly or neglect to file them.
The interim final rule to adjust the penalties can affect employers who do not comply with the I-9 policies and procedures. Employers who violate the law are subject to civil fines that will be doubled, criminal penalties, debarment, and/or a court ruling regarding the violation. It is important for employers to ensure that they do not violate any of the I-9 compliance policies and procedures. Employers should consider seeking counsel to ensure their I-9 forms are filed properly to avoid the newly imposed fines that could cost hundreds—if not thousands—of dollars.
More information regarding the Civil Monetary Penalties Inflation Adjustment can be found HERE.