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Chamber Reminds Employers About

Employment Verification Requirements

In the recent weeks , The Greenwood Village Chamber of Commerce has fielded several inquiries regarding employer requirements under Colorado’s new law enacted on January 1st of this year regarding affirmation of a person’s eligibility for employment as it relates to immigration status.

In addition to meeting federal employment verification requirements

(Form I-9), employers must now affirm an employee’s legal eligibility for employment to insure compliance with Colorado State Law. 

Basically, this law applies to public and private employers who transact business in Colorado, and to employees hired on or after January 1, 2007. There are two main components to the law:

(1)   Each employer in Colorado shall make an affirmation within 20 days after hiring a new employee. The employer must keep a written or electronic copy of the affirmation for the term of employment of each employee.

(2)   The employer must keep a written or electronic copy of the employee’s identity documents presented for the federal Form I-9. The copies must be retained for the term of employment of each employee.

The Colorado Division of Labor is tasked with enforcement. They will most likely conduct random audits of Colorado employers to obtain employment verification documents or if an employer is suspected of non-compliance, the Division will request the employer submit the required documentation. This could also trigger federal audits

There are stiff penalties prescribed for non-compliance -$5,000 for first offense and $25,000 for second and subsequent offenses at the State level and additional fines are possible at the federal level.

It’s a very simple process to complete and it is not worth the risk to be out of compliance. 

The Chamber reminds you that now is always a good time to make sure you are in compliance.

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