Employers Still Must Comply with Federal Employment Verification Requirements

A new law in Colorado, effective August 10, 2016, repeals certain state employment verification requirements.

State Verification Law Repealed

Under current state law (until August 10, 2016), each employer in Colorado must:

  • Make an affirmation within 20 days after hiring a new employee and keep a written or electronic copy of the affirmation for the term of employment of each employee; and
  • Keep a written or electronic copy of the employee’s documents required by 8 U.S.C. § 1324a (commonly known as Form I-9 identity and employment authorization documents) and retain the copies for the term of employment of each employee.

Effective August 10, 2016, these requirements are repealed.

Federal Law Still Applicable
The law does not repeal a provision allowing the state Department of Labor and Employment to request documentation that demonstrates compliance with federal verification requirements.

Federal law requires employers to hire only individuals who may legally work in the United States—either U.S. citizens or foreign citizens who have the necessary authorization. To comply with the law, employers must verify the identity and employment authorization of each employee hired to work in the United States by completing and retaining Form I-9,Employment Eligibility Verification.

Employers must have a completed Form I-9 on file for each person on their payroll (or otherwise receiving remuneration) who is required to complete the form. Employers must also keep completed Forms I-9 for a certain amount of time after their employees stop working for them. Once an employee no longer works for the employer, the employer must determine how much longer to keep the employee’s Form I-9. To calculate how long to keep an employee’s Form I-9, click here.

Click here to read the text of the new state law. Additional information regarding Form I-9 is available by clicking here

ORIGINALLY POSTED BY HR360

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