I was just at a seminar where they polled the audience on where they stored their I-9 forms. Just about everyone stated that they are in the employee’s file.
They were informed that they were doing it inappropriately and that they should all be in a single file along with copies of the backup materials used to fill out the forms. The I-9’s should also be filled out by the employee and not the employer. The employer should be verifying the information.
I have been counseling business owners and HR people to have them separated. Most still don’t.
Most people figure that the Department of Labor is not going to swoop down and audit them. Let’s hope that they don’t because the penalties and fees are huge.
I strongly suggest that you audit your I-9 files for all employees are in good order, on the off remote chance that the DOL comes a calling.