Many employers have a difficult time with the proper completion, storage and re-verification requirements of the Form I-9 Employment Eligibility Verification. Businesses from all different industries, large and small, have been fined millions of dollars due to Form I-9 non-compliance. Simply stated, the Form I-9 has become a nightmare for many companies.
Now imagine what would happen if individual states added another level of complexity by mandating additional employment eligibility requirements?
Colorado is one such state. The Colorado employment verification law (§ 8-2-122, C.R.S.) requires employers (private and public) to retain an affirmation of employment and copies of an employee’s identity and employment authorization documents for employment eligibility purposes. Note: this law is distinct from federal Form I-9 requirements and documentation.
The CDL is responsible for enforcing the provisions of this law. As of January 1, 2007, all Colorado employers must maintain a written or electronic copy of the Affirmation of Legal Work Status for each employee. The employer must retain the affirmation forms and the copies of the identity and employment authorization document(s) for the term of employment of each employee.
What are the Core Requirements of Colorado’s Employment Verification Law?
According to the Colorado Division of Labor (CDL):
Effective on and after January 1, 2007, within 20 days after hiring a new employee, each employer in Colorado shall:
(1) Affirm that the employer has examined the legal work status of each newly-hired employee (hired on or after January 1, 2007);
(2) Affirm that the employer has retained file copies of the documents required by 8 U.S.C. Sec. 1324a (copies of the employee’s Form I-9 identity and employment authorization documents);
(3) Affirm that the employer has not altered or falsified the employee’s identification documents;
(4) Affirm that the employer has not knowingly hired an unauthorized alien.
What if Your Company has NOT Complied with the Colorado Affirmation Law?
For Colorado businesses who have never heard of the Affirmation of Legal Work Status or those employers who have not complied with the law, the CDL recommends the following:
Employers must provide accurate and complete information on affirmation forms. Provision of false or fraudulent information on the form may subject the employer to a significant fine and/or additional penalties. If the employer has not properly completed the affirmation form within 20 days of hiring the employee, or the employer has not made and retained copies of employee identity and employment authorization documentation within 20 days of hiring the employee:
• DO NOT complete an affirmation form for the affected employee(s). The employer cannot complete a valid form once the 20 days have elapsed since hire.
• DO NOT backdate or otherwise enter incorrect information onto the form for the affected employee(s). The employer must not enter false or fraudulent information onto the form.
• DO NOT attempt to make and retain copies of employee identity and employment authorization documentation if you did not comply with this requirement within 20 days of hiring the employee. Seeking such documentation after the 20 days have elapsed does not comply with Colorado law, and may also violate separate federal immigration laws.
• DO comply with the employment verification law for all new hires going forward. The employer must: (1) properly complete affirmations, and (2) make and retain copies of employee identity and employment authorization documentation, within 20 days of hire for all employees hired after the discovery of the historical noncompliance. Following the steps above, and engaging in other appropriate compliance actions, may reduce the likelihood of a fine, or may mitigate the value of a fine, depending upon the circumstances. Consult with an attorney for legal advice.
For more information, contact Allott Immigration Law Firm at 303-797-8055.