The Mailbag.

• Author: Delogu, Nancy

We found questionable I-9 documents: What now?

Q When we conducted a self-audit of employee files and I-9 compliance, we found some questionable documents that I believe to be fraudulent. If I contact an ICE agent to verify these documents, will this trigger a companywide ICE audit?--Santana, Texas

1. It might. In general, you must accept I-9-related documents that appear to be "valid on their face," without doing any investigation. Failure to do that is, in itself, a violation of the I-9 regulations. However, if the documents clearly appear to be invalid, then you cannot accept them as evidence that the person is authorized to work.

   If you feel you need assistance from ICE to determine whether the documents are valid, you may wish to complete your internal audit to the best of your ability before you reach out. (An experienced lawyer working for your company may also be able to help you recognize whether the documents appear valid, and if so, help you coordinate next steps.)

   Can intermittent FMLA be used for care of a spouse?

   Q An employee has requested intermittent leave so she can call out to stay with her husband if he has an asthma attack. Do we have to grant it?--Vernon, Alabama

1. Yes, if the employee is otherwise eligible (has worked the requisite hours) and his or her spouse has a serious health condition that occasionally needs care, the employee can request intermittent FMLA leave to care for his or her spouse.

   Employees often grow concerned that their need to miss work to care for a spouse (or other covered family member) will lead their supervisor to consider them unreliable or lacking commitment to the job. In that circumstance, it's probably best for all parties that the employee claims the FMLA entitlement before, rather than after, the absences lead to adverse employment action.

   Does our office book club create overtime concern?

   Q We have an office book club in which employees review a book during work time. Do we have to pay employees to...