We’ve been seeing a new risk associated with I-9s, originating (ironically) from employers’ often-diligent attempts to prevent mistakes in the first place. This particular threat emerges from within – from the employer’s own workforce in the form of a claim of unfair labor practices before the National Labor Relations Board (NLRB). Even if your employees are not currently represented by a union, the NLRA can still impact your business operations and those crucial planning decisions with respect to I-9 and E-Verify compliance. While union participation has been declining over the years, employers may still find themselves in the crosshairs of the NLRB – particularly in relation to any kind of employer activity which may affect an employee’s right to work. This is especially true in the context of I-9 and E-Verify policy decisions.

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