Restaurant owners and managers have many compliance concerns. And while you’re protecting your business and employees from sexual harassment, wage and hour and discrimination issues, what may seem like less important regulations can often be mistakenly put on the back burner. But these issues can still lead to costly violations if not addressed.
Proper Form I-9 Handling
Restaurant employers must have on file, and available for inspection, a properly completed Form I-9 for each person employed. An I-9 verifies the employee’s identify and their legal authorization to work in the U.S. I-9 compliance is enforced by U.S. Immigration and Customs Enforcement (ICE). Restaurants are often targeted by ICE for I-9 audits, which can require production of all I-9’s on three days’ notice.
The I-9 is completed at the start of employment. The first section is completed by the employee, who fills out personal information and provides specified documents, such as drivers licenses or passports, to attest to their identity and right to work the U.S. The second section must be completed by the employer no later than the third day of employment and involves reviewing and verifying the information provided using the E-Verify system. In addition to maintaining I-9’s for all current employees, a restaurant must also maintain I-9’s for former employees for at least three years from hire or one year after employment ends (whichever is longer).
Restaurants, especially smaller ones, frequently are in...
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