Colorado repeals state employment verification law

Colorado has repealed an employment verification law that requires employers to complete and retain state forms in addition to fulfilling federal Form I-9 employment verification requirements.

The repeal will reduce duplicative document preparation and retention requirements for Colorado employers.

Key points:

• The repeal takes effect Aug. 10.
• After that date, Colorado employers will no longer be required to complete a separate state attestation form for newly hired employees or to retain copies of employee IDs and work authorization documents. (Keeping copies of these documents is optional under federal law.)
• Employers will continue to be required under federal law to collect and retain I-9 forms.

Background: The Colorado law took effect in 2007 and created additional administrative burdens on employers. Currently, employers are required to fill out a form within 20 days of a new hire affirming that they have verified the employee’s work authorization and will keep it on file, along with copies of the employee’s documents proving authorization to work, for the length of employment. Fines for noncompliance range from $5,000 to $25,000.

BAL Analysis: The repeal is a welcome change that will reduce paperwork obligations and simplify the employment verification process. Colorado employers must continue to comply with current law until the repeal takes effect Aug. 10 and should review their policies and plan to eliminate the separate state attestation form beginning on that date. They should also consider whether and how long to retain existing state-required documents after Aug. 10 in case of an audit.

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