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Verifying Sub-Contractors are complying with I-9 laws Pennsylvania

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  • Verifying Sub-Contractors are complying with I-9 laws Pennsylvania


    First off, I apologize for the lengthy email, but I wanted to explain my thoughts in detail.

    I am a fairly new employee to a large building management company. I have some questions and concerns regarding how my particular company verifies our sub-contractors follow applicable work authorization laws. I am also looking for alternative solutions.

    My company currently has over 20,000 sub-contractors that we actively procure services from. We require our sub-contractors to sign an agreement that explains they must follow all applicable work authorization laws (I-9 verification). We also have them sign-off on a seperate document that certifies they understand all of the federal I-9 laws and if they have ever been subject to violation to those laws. On top of that, we require our sub-contractors to provide a list of their employees with a copy of their I-9 form.

    As you can imagine, this creates a large amount of paperwork, and my organization is not particularly good at organization. In many cases, our sub-contractor's I-9 forms are misplaced and also can be sitting on a printer or inbox (out in the open).

    I am looking for suggestions to eliminate the amount of paperwork for our company, but also protecting the company's interests in making sure our sub-contractors are compliant with work authorization laws.

    Any and all feedback is appreciated.
    Thank you,

  • #2
    I'm a little confused.

    You contract with agencies who supply employees (of the agency) who perform work for you?

    You are requiring a copy of the I-9 that the agency is required to procure? And you require the agency to give a copy to the employee (don't know why that's necessary).

    Bottom line, the employer (the one that pays the worker) is responsible for complying with I-9 regulations. I'm assuming your contract with the agency states this. Having said that, I know that a large national firm who did the same was cited by the feds for I-9 violations because such workers had not been verified regarding their eligibility; don't know what ever became of that-I know the company was disputing that they should be a party.

    Have you checked with other firms who have workers in this situaition to see what they do? Also, you sound big enough that you should have either in-house counsel or an outside employment attorney available. I would definitely want legal counsel to chime in on this to confirm the extent of your responsibility.
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    • #3
      My company provides building maintenance to retail, governmental, & educational clients. So we sub-contract a lot of janitorial, repair, landscaping, etc.. services out to local companies.

      To protect our companies interests and those of our clients, we want to ensure these sub-contractors follow the correct federal work authorization procedures. These are not employees of my company.

      Considering that we have a clause in our contractor agreement and a seperate document certifying their knowledge of all applicable ICE & work authorization laws, I feel collecting and storing our sub-contractor's I-9 forms is a bit much.

      So I wanted to collect feedback and see if there were other alternatives to ensuring our sub-contractors are following the law and to mitigate any liability my company would have if there was a violation.

      Thank you for the reply.


      • #4
        OK, then my bottom line suggestion still applies.

        I do agree that requiring the contractor company supplies you with all those I-9s is probably overkill.
        Senior Member
        Last edited by Pattymd; 04-15-2010, 05:42 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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