Form I-9
What is a Form I-9?: Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.
Who needs an I-9?: All employers must complete and retain Form I-9, Employment Eligibility Verification, for every person they hire for employment after Nov. 6, 1986, in the U.S. as long as the person works for pay or other type of payment. Once the work commitment has terminated, employer should keep the I-9 for either three years after the date of hire or one year after the date the work commitment is terminated, whichever is longer. Form I-9 is not required for immediate family labor, defined as (1) A spouse; (2) Children, stepchildren, and foster children; (3) Parents, stepparents, and foster parents; and (4) Brothers and sisters of the employer. If the worker does not fall into one of the four categories listed here, then the worker is considered a hired worker.
What will GAPC be looking for? Auditors will review I-9’s to ensure there
is one for every listed hired worker on the farm. Both pages of the I-9 form and supporting documents must be presented to be considered complete.
Sample forms and instructions can be found here.
Wage Statement
What is a Wage Statement? A wage statement is a document that employers are required to give their employees every pay period that explains how their paycheck was calculated. GAP Connections requires growers to provide a wage statement to all workers with a copy of their individual wage statement for each pay period and must include ALL the following information:
A wage statement must include:
- Worker's full name
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Worker's address (seasonal or permanent)
- Worker's social security number (last 4 digits is acceptable)
- Employer's name
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Employer's address
- Employer's identification number (entire number)
- Total pay period earnings
- Number of hours worked
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Basis on which wages are paid (piece rate if paid on a piecework basis)
- Number piecework units earned if applicable
- Specific sums withheld, and the purpose of each sum withheld
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Net pay
Please note this standard is above U.S. law requirements. If subject to MSPA, H2A or FSLA, a more detailed statement may be required.
Sample wage statement.
Wage statements are not required of immediate family labor. Workers are exempt if they are involved in a vocational or apprenticeship program sanctioned by the Board of Education in the state. Documentation verifying the vocation or apprenticeship program will be required.
Compensation must include all time under the grower's direction and control once worker initiates any work activity including short breaks (15 minutes or less) and time used to conduct training. This does not include transportation from housing to field to start and from the field to housing when work is complete.
Employer must not withhold any amount of money from wages for anything else besides legal wage deductions such as taxes or social security.
A wage statement is not...
- A check register
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A check stub
- A cashed check