Resources for Employment Compliance and Workplace Standards

• Department of Workforce Development (DWD) – Wisconsin Workplace Posters
• U.S. Department of Labor – Workplace Posters

The university employs only individuals authorized to work in the United States in compliance with the Immigration Reform and Control Act of 1986.

The Employment Eligibility Verification Form I-9 is used to verify the identity and employment authorization of citizens and noncitizens hired for employment in the United States. Employees who are unable to meet federal Form I-9 requirements cannot lawfully be employed.

Employees—including student employees—must complete the Form I-9.

The following titles are not required to complete a Form I-9:

• Zero dollar appointments
• Graduate Intern/Trainee
• Postdoctoral Fellow
• Postdoctoral Trainee
• Advanced Opportunity Fellow
• Fellow
• Scholar
• Trainee

New employees must complete Form I-9, Section 1: Employee Information and Attestation, and present original documents that establish their identity and employment authorization within the following timelines:

• First day of employment: New employees are required to complete Section 1 of the Form I-9 by the end of their first day of employment. “First day of employment” means the date the employee begins performing labor or services in return for wages or other compensation.
• Third day of employment: The new employee must present original work authorization documents to their I-9 coordinator or authorized representative within three days of hire. Employees must not work or be paid if work authorization documents are not physically inspected by the end of the third day.

Employees who are rehired more than three years after completing the Form I-9 will be considered new employees for the purpose of Form I-9 compliance and must complete a new Form I-9.

Detailed instructions for completing the Form I-9 in Workday are available in the HR Guides for HR Professionals.

Prior to the employee’s first day of paid work, the employee will receive a Workday notification to complete Form I-9 Section 1 along with other onboarding tasks. Section 1 may be completed as soon as the job offer has been extended and accepted.

When Section 1 has been completed by the employee, they will receive information about Section 2 and the acceptable documents they may present to their I-9 coordinator. The employee may choose which documents from the list to present.

Physical review of documentation to complete Section 2 is required for all employees, including remote workers. If physical review is not feasible, completion by an authorized representative may be permissible. For more information, visit Complete Form I-9 Authorized Representative.

Form I-9 compliance is monitored through regular audits. I-9 coordinators will be contacted if an audit identifies noncompliance. The escalation and oversight process is reviewed regularly to ensure the university remains compliant with federal requirements. Failure to timely complete Form I-9s can result in serious penalties.

The university is not considered an E-Verify employer and therefore does not use the alternative procedure to inspect work authorization documents. I-9 coordinators must not check the box indicating the alternative procedure was used when completing Section 2 in Workday.

The School of Medicine and Public Health (SMPH) is the only authorized unit to implement E-Verify outside of the FAR clause. A school, college, and division cannot implement E-Verify independently; it must be implemented through the Office of Human Resources.

Because SMPH participates in E-Verify, it may hire students on STEM OPT extension. Employees hired under the STEM OPT extension may not hold dual appointments or transfer to roles outside of SMPH.

Institutions of higher education entering into federal contracts are required to use the E-Verify system to confirm the employment eligibility of newly hired and current employees who directly perform work on a federal contract that includes the E-Verify clause.

E-Verify is an internet-based system operated by the Department of Homeland Security (DHS). It is used after completing the Form I-9. It does not replace the Form I-9 but is used in addition to it.

Positions covered by the FAR Clause E-Verify requirements include those that:

• Have any wage distribution on the cost center assigned to a contract that contains the E-Verify clause.
• Are part of a cost share agreement with a federal contract that contains the E-Verify clause.
• Are paid directly from an agency for work performed on a federal contract that contains the E-Verify clause.

Positions exempt from the FAR Clause E-Verify requirements include those that:

• Primarily perform support work, such as indirect or overhead functions, and do not have substantial duties related to the federal contract.
• Work on proposals rather than on an awarded contract.

• U.S. Citizenship and Immigration Services – Form I-9: Employment Eligibility Verification
• HR Guides for HR Professionals – Instructions for completing Form I-9

• Background check coordinators are responsible for processing criminal background checks, evaluating the results, and informing hiring managers about applicant eligibility for employment.
• Criminal background checks are run through UW-Madison’s background check vendor, HireRight.

1. Initiating the criminal background check: The background check coordinator initiates the criminal background check.
2. Authorization: The applicant and/or current employee must provide consent to the criminal background check via email from the vendor, HireRight.
3. Background Investigation: The vendor, HireRight, investigates the applicant and/or current employee’s history.
4. Results Review: Once the criminal background check is completed, HireRight will provide the results to the background check coordinator for review.

HireRight will request current name, previous names, social security number, date of birth, current address, and previous addresses for the last seven years. HireRight will also request information about previous criminal convictions, allowing individuals to self-report prior criminal convictions.

HireRight provides disclosures, acknowledgments, and consent forms and will request that they be executed electronically. The disclosures/acknowledgments will include an individual’s rights under the Fair Credit Reporting Act (FCRA). The consent form will grant HireRight authorization to check an individual’s criminal history.

A criminal background check typically takes around two to four days. However, the time it takes can vary depending on certain factors.

UW–Madison and HireRight follow strict data privacy and security protocols to protect sensitive information during the criminal background check process. This includes:

• Compliance with state and federal laws regarding criminal background checks and data protection.
• Secure storage and limited access to criminal background check results.
• Clear policies on how long criminal background check data is retained and when it is disposed of.

A criminal background check and/or re-check is required if an employee or volunteer’s job duties and responsibilities are deemed a position of trust. For more details on a position of trust and when a re-check is required, view Criminal Background Checks.

Wisconsin law prohibits an employer from discriminating against an applicant or employee on the basis of arrest or conviction record unless the pending criminal charge or conviction substantially relates to the circumstances of the position. Applicants and employees with a criminal history will not be automatically disqualified from UW–Madison employment, and a UW–Madison employee’s criminal history will not result in automatic disciplinary action or dismissal.

If an applicant’s or employee’s criminal background check reveals a pending criminal charge or criminal conviction, UW–Madison must engage in an individual analysis to determine whether a substantial relationship exists between the pending charge or criminal conviction and the functions of the position.

For questions regarding a criminal background check, contact your Background Check Coordinator.

• UW-Madison Policy Library – Criminal Background Checks
• HR Guides for HR Professionals – Criminal Background Checks Job Aids

• Designate a principal and backup person who will serve as the designated employee representative (DER) to receive testing results and administer the program locally; and notify the contractor of the designation of those contacts.
• Notify the testing contractor of changes to the testing pool of CDL drivers in their unit.
• Be familiar with all applicable policies governing this program.
• Require supervisors of CDL drivers to complete mandatory drug and alcohol testing training.
• Administer pre-employment drug screening.
• Conduct all required testing, including random, post-accident, and reasonable suspicion tests.
• Inform drivers that all vehicle accidents and moving violations they incur – either on duty or on personal time – must be reported to their supervisor as soon as possible.
• Ensure testing provider payments comply with UW-Madison procurement policies.
• Maintain all records following UW–Madison records retention and confidentiality policies.

Testing procedures:

• Pre-Employment: Applicants/employees must receive a verified negative drug test result before starting work in a CDL required position.
• Random Testing: Unannounced selection process for all CDL drivers.
• Post-Accident Training: Required after serious accidents, especially if citations are issued.
• Reasonable Suspicion Testing: Conducted if supervisors observe signs of substance abuse.

In accordance with 49 C.F.R. § 382 Subpart B, a driver is prohibited from:

• Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater, or a comparable concentration in urine.
• Using alcohol while performing safety-sensitive functions.
• Performing safety-sensitive functions within four hours after using alcohol.
• Using alcohol for eight hours following an accident, when required to take a post-accident alcohol test under 49 C.F.R. § 382.303.
• Refusing to submit to a pre-employment controlled substance test required under 49 C.F.R. § 382.301, a post-accident alcohol or controlled substance test required under 49 C.F.R. § 382.303, a random alcohol or controlled substances test required under 49 C.F.R. § 382.305, a reasonable suspicion alcohol or controlled substance test required under 49 C.F.R. § 382.307, a return-to-duty alcohol or controlled substances test required under 49 C.F.R. § 382.309, or a follow-up alcohol or controlled substance test required under 49 C.F.R. § 382.311. The university will not permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.
• Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions when using any drug or substance identified in 21 C.F.R. § 1308.11 Schedule I.
• Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions when using any non-Schedule I drug or substance that is identified in the other Schedules in 21 C.F.R. part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in 49 C.F.R. § 382.107 who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.
• Reporting for duty, remaining on duty, or performing a safety-sensitive function when testing positive or adulterating or substituting a test specimen for controlled substances.

The university prohibits drivers from:

• Violating the alcohol and controlled substances regulations 49 C.F.R. § 382 and 49 C.F.R. § 392.
• Violating other applicable federal, state, and/or local laws governing the use of alcohol and/or drugs.
• Buying, selling, soliciting to buy or sell, transporting, possessing, or using any illegal drug(s) while on duty or on university premises.
• Using or being under the influence of a legal drug while on duty that:
  • Adversely impacts the driver’s ability to perform safety sensitive functions;
  • Contains alcohol;
  • Is not prescribed to the driver;
  • Is not taken in accordance with label or licensed provider instructions.
• Testing positive for alcohol or drugs.
• Failing to contact the university, the respective medical review officer, and/or the substance abuse professional as required.
• Tampering with or interfering with drug and/or alcohol tests.
• Doing anything to obstruct the university’s alcohol and drug policies or otherwise violating this policy.

A driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 must not perform, nor be permitted to perform, safety-sensitive functions until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.

An employee who holds a CDL license must meet standard driver authorization requirements in accordance with UW System Administrative Policy 615, Vehicle User and Driver Authorization, UW System Administrative Procedure 615.A, Driver Authorization Process and Requirements, and the Wisconsin Department of Administration’s Fleet Driver and Management Policies and Procedures Manual. UW–Madison Risk Management will be notified if an employee’s CDL is suspended, at which time UW–Madison Risk Management will review the employee’s standard driver authorization. If the employee does not qualify for or loses their standard driver authorization, they will be disqualified from driving for the university. Once the employee’s CDL is reinstated, they may be eligible to reapply for standard driver authorization, barring no other disqualifying events, accidents, or violations.

An employee who engages in any conduct that violates state or federal regulations and/or provisions of UW–Madison Commercial Driver License: Alcohol and Controlled Substances Testing and Requirements policy, including refusal to submit to an alcohol or controlled substance test, and the misuse of alcohol or the use of controlled substances, tampering and/or interfering with alcohol and drug tests, will be subject to discipline up to and including dismissal.

• Commercial Driver License: Alcohol and Controlled Substances Testing and Requirements – UW-Madison Policy Library
• Drug & Alcohol Testing Program – FMCSA