Bulletin – I-9 Compliance: CO Repeals Affirmation Document Process
On June 8th, Colorado Governor John Hickenlooper signed Colorado House Bill 1114. This new law, which goes into effect August 10, 2016, removes the duplicate reporting requirements imposed by the state, as the federal I-9 process is already aimed at verifying employment eligibility.
To review, the Colorado Employment Verification Law went into effect in January of 2007. That law required Colorado employers to complete forms affirming compliance with the federal I-9 requirements and to retain with the forms copies of the identity and work authorization documents provided by employees at the time of hire. In addition, employers were to complete the affirmation form within 20 calendar days of hiring an employee, and retain the form for the duration of the employee’s employment.
The state-supplied affirmation form required employer representatives to attest to the below items, with “significant fines possible” for supplying false information:
- I have examined the legal work status of the above named employee.
- I have retained file copies of the documents required by 8 U.S.C. sec. 1324a.
- I have not altered or falsified the employee’s identification documents.
- I have not knowingly hired an unauthorized alien.
Employer fines for not complying with this process ranged from $5,000 for a first offense, up to $25,000 for second and subsequent offenses.
House Bill 1114 removes the affirmation process, leaving only language stating that upon request of the Director of the Colorado Department of Labor, (DOL), an employer is to submit documentation showing the employer to be in compliance with federal employment eligibility verification requirements, as spelled out in 8 U.S.C. 1324a(b).
This process repeal takes effect on August 10, 2016, so employers should continue their current processes until that date, unless the Colorado DOL states otherwise. If more information is forthcoming, we will alert our readers as it becomes available.
Employers should continuously monitor the compliance landscape to keep abreast of regulations and enforcement positions that could affect their I-9 processes, on both the state and federal levels. Equifax Workforce Solutions can help simplify your best practices approach to the I-9 process through an easily-managed technology platform that helps manage compliance across the jurisdictions in which you do business.
Contact us to receive more information on how Equifax Workforce Solutions can assist your company in creating a strong culture of compliance with your I-9 processes, or get your official copy of Colorado House Bill 1114.
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