Colorado repeals state employment verification law

by Roger Tsai

Colorado employers soon will be relieved of their obligation to complete and maintain the state employment verification affirmation form aimed at ensuring that new hires are legally eligible for employment in the United States.

Governor John Hickenlooper signed the measure into law on June 8, and it will take effect August 10. The law also removes employers’ obligation to keep copies of documents provided by new hires to prove their identity and employment eligibility in support of the I-9 verification process.

In repealing most of Section 8-2-122 of the Colorado Revised Statutes, the Colorado Legislature acknowledged that the additional state employment verification affidavit and documentation requirements imposed an extra, redundant burden on employers while doing nothing to prevent unauthorized individuals from working in Colorado. The fines and penalties for failure to comply with the additional state verification requirements have been repealed as well.

The legislature kept the provision in Section 8-2-122 that permits the director of the Colorado Division of Labor to request documentation from employers to show they are in compliance with the federal government’s I-9 employment verification requirements. The director or his or her designee still may conduct random audits of employers to ensure compliance with I-9 obligations.

More information on Colorado’s employment verification law will be available in the July issue of Colorado Employment Law Letter.

Roger Tsai  is an attorney with Holland & Hart LLP. He can be reached at rytsai@hollandhart.com.

About Colorado Employment Law Letter:
Excerpted from Colorado Employment Law Letter written by attorneys at the law firm of Holland & Hart LLP. COLORADO EMPLOYMENT LAW LETTER is intended only to inform, but not to provide legal advice, and recipients should seek professional advice with regard to specific applications of the information. Contact attorneys at Holland & Hart.
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