Effective August 10, 2016, Colorado employers no longer are required to complete the state-mandated verification of their newly hired employee's identification and work authorization. Colorado employers still must comply with federal Form I-9 requirements.
Under federal law, all employers and employees must complete Form I-9 to verify the employee's identification and work authorization. Since January 1, 2007, Colorado state law C.R.S. §8-2-122 has required employer's to provide an additional verification from the employer that is attached to the federal Form I-9. Failure to complete and retain a written or electronic copy of this separate state affirmation form, and copies of the documents that the employee presented to complete Form I-9, could result in a fine up to $5,000 for the first offense, and up to $25,000 for subsequent offenses.
Colorado Gov. John Hickenlooper has signed a bill into law that repeals the portion of the statute relating to the state verification requirement and penalties, deeming the requirement to be "unnecessary and redundant" of federal requirements, and a burden on business. The change takes effect August 10, 2016. Until that date, Colorado employers should continue to comply with the state verification requirements. C.R.S. §8-2-122 leaves intact the portion of the law allowing the state to conduct random audits of employers in Colorado.
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