View Full Version : Drivers License Soc Sec Card in Employee Files
11-11-2005, 08:18 AM
Is it proper to have employee's drivers license and social security number in personnel files? I know they are used for I9 id, but another person told me that copies should not be made and kept on file.
11-11-2005, 08:51 AM
In my opinion, you should never have a copy of an EEs SS card anywhere but with the I-9 in a separate file. Same with a DL other than, if an EE is driving for you and falls under the DOT regulations, you are required to have a copy of their DL on file. Again, I would recommend having it in a separate file.
Remember, this is only my opinion and not legal advice!!!!!
11-11-2005, 11:20 AM
I-9's and supporting documentation need to be kept in a file separate from the employee's file. I keep all of mine in a three-ring notebook. I do not copy documents. You don't have to copy the documentation as long as you look at them and verify their authenticity.
This morning, a parent told one of our Preschool Directors that it is "no longer legal" to make a copy of the SS card for I-9 purposes. She said she's in the HR department at her company and was just trained that it is illegal to make a copy of the SS card except when it's attached to the W-4 for verification purposes.
We currently make copies of ID provided for I-9 purposes, and I understand it's the employer's option whether or not to make copies to accompany the I-9, as long as we're consistent. We don't make copies of the SS card for any other purpose.
Looked it up on the Forum and didn't find anything. Did I miss something?
01-23-2006, 04:10 PM
I haven't heard anything about it being "illegal" to copy the SS card. Could be a policy thing to protect against identity theft? Who knows. I did hear that it is "illegal" to accept a laminated SS card, though. If you look on the back, it says "do not laminate", but it doesn't say void if laminated, so I just accept it and go on.
01-25-2006, 09:53 AM
There's no federal law change that prohibits you from making copies of the card. FACTA governs security and disposal of certain records you keep if you get them from a consumer reporting agency, but I don't think it would apply to a card offered to you by the employee and copied for the file.
Several states have enacted laws governing employers' uses of social security numbers. Arizona did that in 2003, for a law that went into effect 1/1/05. It mainly concerns using the SSN as an employee number, displaying it on a badge or insurance card, mailing forms with the number visible, or otherwise making it easy to steal. You can find a summary in the August 2003 and January 2005 issues of Arizona Employment Law Letter.
M. Lee Smith Publishers
We don't display the SSN anywhere and only make a copy of the card if presented for list C on the I-9. I'm guessing the person who said she was told it's "illegal" interpreted her company's policy as law.
Thanks for the replies!
01-25-2006, 11:22 AM
One more thing - when I worked for a nursing home that had locations in several states, we were required to ask for a SS card if they did not provide one for the I-9. The reason? NOT to verify eligibility to work, mind you. Some government agency (can't remember which) will fine you $50 per occurrance when you pay someone under a name that does not match their SS card. So if they had gotten married and had not yet changed their card, they were paid under their maiden name until they presented a new card. That has never been a policy anywhere else I've worked, though.
I've trained our directors to verify SSN and name on the payroll set up form against the SS card but we don't make a copy of the card.
I know we can do mass online verifications with the SSA but haven't started it yet. Rather than relying on the person who did the hiring to verify (because we know steps are forgotten sometimes) we plan to just do it at our office every two weeks when we process payroll.
I remember a few years ago reading about the SSA fines but haven't received any yet. Either we are doing a great job of verifying the info or they just aren't assessing fines yet. x:-)
>I haven't heard anything about it being
>"illegal" to copy the SS card. Could be a
>policy thing to protect against identity theft?
>Who knows. I did hear that it is "illegal" to
>accept a laminated SS card, though. If you look
>on the back, it says "do not laminate", but it
>doesn't say void if laminated, so I just accept
>it and go on.
The I-9 procedures specifically state that a laminated SS card is not an acceptable document. We send anyone with sone back to SSA to get a new card.
02-13-2006, 03:57 AM
Can you please tell me where you found that? I have been looking through the Employer's Handbook at http://uscis.gov/graphics/lawsregs/handbook/hand_emp.pdf and it says on p.29 of the handbook (but p.31 of the document):
Document List C
Documents that Establish Employment Eligibility Only
Social Security Card (other that one stating "NOT VALID FOR EMPLOYMENT," metal or plastic reproductions, or certain laminated cards.)
I wonder what on earth the word "certain" means???
02-21-2006, 03:42 AM
You can get fined for paying an employee with an name that is different from the one on their SS card. ($50 does sound right, but I am not positive of the amount.) I personally have not encountered that, but have been at seminars where that has been talked about.
The policy at my company is that the name on the SS card is the name in the HR/Payroll system and it does not get changed unless the employee produces a new SS card with a new name. This also gets those newly married women to get to the social security office a little quicker so that everything can now be in their married name.
02-21-2006, 04:29 AM
I did finally find an answer to my above question about laminating - the card will say on the back that it is not valid if laminated and it should not be accepted, or it will not say anything about laminating and it's OK. But what defines laminating? :>) No, really, if it's just scotch-taped up, is that laminated? How about flimsy packing tape? If it appears valid, I accept it.
Back to this comment - in Nebraska, at least, you get the form to change your social security card when you get your marriage license. It's pretty easy.
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