Colorado employers now face a new layer of obligations when reviewing identity and work authorization documents. A recently enacted Colorado law restricts how long employers may hold original government-issued identification and requires a new written notice whenever an employer verifies employment eligibility. The law, which took effect on June 3, does not replace the federal Form I-9 process but adds state-specific procedures and potential exposure on top of it. What do you need to know about this new law and what six steps should you consider?
What Happened
Form I-9 is the federal form used to verify a new hire’s identity and authorization to work in the United States. Federal rules govern which documents employees may present and how employers review them.
Colorado’s new law (HB 26-1283) does not change those federal document lists or verification standards. Instead, it adds state-specific requirements governing how employers handle original government-issued identification documents during the employment eligibility verification process. It includes new rules regarding temporary possession of original documents, employee notice, acknowledgments, and recordkeeping.
Biggest Changes to Know About
Employers should be aware of five significant changes:
You generally may not demand, confiscate, retain, or otherwise require an employee or applicant to surrender an original government-issued identification document. You may...
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