Colorado House repeals employment verification law

Colorado House Bill 16-1114 have simplified the hiring process for organization doing business in Colorado.

The existing Colorado law, Colorado Revised Statutes Section 8-2-122, forced employers to complete an additional attestation that reaffirms the information already collected on the Form I-9.

Effective August 10, 2016, state requirements that essentially duplicated existing Federal Form I-9 employment verification requirements will no longer be necessary. With the passage of House Bill 16-1114 on 06/08/2016, signed into law by Governor John Hickenlooper , Colorado employers will be relieved of the burden of completing and maintaining a separate state employment verification affirmation form.

This new law also does away with the requirement of employers to keep physical copies of the supporting documents used to establish identity and employment eligibility presented when completing a Form I-9.

The existing Colorado law, Colorado  Statutes Section 8-2-122, forced employers to complete an additional attestation that reaffirms the information already collected on the Form I-9. Colorado lawmakers determined that the existing law did nothing to prevent ineligible individuals from entering the workforce, while at the same time, placed unnecessary and redundant requirements on Colorado businesses. Also with the bill’s passage the the hefty fines and penalties imposed for non-compliance with Section 8-2-122 are gone.

Until the new law takes effect on August 10, 2016, Colorado employers should continue to complete and maintain the state required verification affirmation form for all employees hired to perform work in Colorado.

Employers should  retain the existing Colorado affirmation form and copies of the employment and identity verification document(s) for those employees hired under the old statute for the duration of their employment.

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