Changes to Affirmation of Legal Work Status Form for Colorado Employers

Changes to Affirmation of Legal Work Status Form for Colorado Employers
02 Oct 2014

Since 2007, employers in Colorado have had to complete an affidavit on all new employees regarding their legal work status. Specifically, the Colorado Employment Verification Law (8-2-122, C.R.S) has two main requirements:

  1. Each employer in Colorado shall make an affirmation within 20 calendar 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; and
  2. The Employer must keep a written or electronic copy of the employee’s identifying documents submitted with the I-9 for the duration of their employment.

The Colorado Department of Labor & Employment has issued a new Affirmation Form with a revision date of September 1, 2014, which employers must use for all employees hired after October 1, 2014. A copy of the new form is available on the Colorado Department of Labor and Employment’s webpage.

Employers who fail to comply with the verification law requirements can be fined $5,000 for the first offense and up to $25,000 for subsequent offenses. We have noticed an increase in audits by the Colorado Department of Labor & Employment on this issue, so be sure to put in place the necessary procedures to  complete this affirmation form for all your new employees within the 20 day time frame. If you have any questions about the Colorado Verification Law, contact us today.

Michelle B. Ferguson
mferguson@irelandstapleton.com
303.628.3658


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