Employment Eligibility Verification: New Developments

Nanny employers are subject to the same employment eligibility verification requirements as other US employers. Namely, all employers are required to verify worker eligibility for employment using Form I-9 before the employee starts work. The employers are required to examine the employee's documents, yet they are not responsible if they unknowingly hire workers with falsified documents. This is known as a safe-harbor provision, protecting employers from prosecution for unknowingly hiring a worker with false documents.

Most of the immigration reform packages that have floated on Capitol Hill include an expedited, electronic verification process that employers can rely on to replace the current workplace examination of paper documents.

Currently, an employer who issues a Form W-2 to a worker who has provided an inaccurate Social Security Number will, in the course of time, receive a "no-match" letter from the Social Security Administration (SSA). A Social Security "no-match letter" is a notice sent by the SSA to employers and employees that states the combination of name and Social Security account number submitted by the employer to SSA for an employee does not match SSA records. The SSA provides this as an administrative notice, as without correction the employee will not receive Social Security wage credits to their account. The SSA does not have an immigration enforcement role in its mission.

The Department of Homeland Security (DHS) announced that effective September 14, 2007, employers who receive "no-match" letters must take "reasonable steps" to correct the error within 30 days or risk loosing the safe-harbor status that the Form I-9 afforded them. If the employer and employee cannot correct the error within a 90 day period, the employer is authorized to take action to terminate the employee or risk possible criminal prosecution by DHS. The DHS announcement further mandates that government contractors are to participate in Employment Eligibility Verification System (EEVS), also known as E-Verify, to match information from the contractor's employee's I-9 form against SSA and DHS immigration databases.

HomeWork Solutions continues to advise clients to have their employees complete the form I-9 at the start of employment in compliance with the current regulations. We further advise clients to photocopy the employee's identifying documents presented to the employer and maintain with the employee's permanent personnel records. This provides the household employer with an additional layer of protection should the status of the employee be challenged.

Confidentiality Clause - Not Just for Celebrities!

The work agreement you negotiate with your nanny, housekeeper, or elder care provider sets the professional tone of the work relationship right from the start. A carefully thought out work agreement will help the employer avoid future problems and misunderstandings with the employee.

These household workers are employed in your private home. They become privy to many personal aspects of your life, health, and household that you would prefer remain private. A confidentiality clause in the work agreement simply makes sense and provides an opening for you to have a frank discussion with your employee about respecting each other's privacy and keeping private matters confidential.