Scenario: An employee has been hired and starts working while their information is sent to a payroll company that uses E-Verify to confirm the employee’s I-9 information. However, after a few days, the employee receives information from the payroll company that there is an issue with the employee’s information.
Question: If the employee says they can’t fix their paperwork, how is a company supposed to pay the employee for the time that they have worked? When an employee is told about their paperwork issue, are they allowed to continue to work, or does the company need to take them off the schedule until the information needed is fixed?
Answer: Yes, you must pay them for time worked. Federal law requires (and E-Verify regulations and FAQs confirm) that once an employee provides information needed to complete the I-9, they must be paid for all time worked. If, subsequently, E-Verify issues a tentative non-confirmation (such when E-Verify is turned off during a government shutdown or a third party payroll provider does your E-Verfiy) and the employee is unable to overcome the problem identified by E-Verify, the employee must be terminated, but must also be compensated for all time worked.