Colorado lawmakers have simplified the hiring process for organization doing business in Colorado. Effective August 10, 2016, state requirements that essentially duplicated existing Federal Form I-9 employment verification requirements will no longer be necessary. With the passage of House Bill 16-1114, signed into law by Governor John Hickenlooper on June 8, 2016, Colorado employers will be relieved of the burden of completing and maintaining a separate state employment verification affirmation form. This new law also does away with the requirement of employers to keep physical copies of the supporting documents used to establish identity and employment eligibility presented when completing a Form I-9.

Welcome Relief to Employers

Many observers complained that the existing Colorado law, Colorado Revised Statutes Section 8-2-122, forced employers to complete and store an additional attestation that reaffirms the information already collected on the Form I-9. Colorado lawmakers ultimately agreed and determined that the existing law did nothing to prevent ineligible individuals from entering the workforce, while at the same time, placed unnecessary and redundant requirements on Colorado businesses. Gone, too, are the hefty fines and penalties imposed for non-compliance with Section 8-2-122.

Law Still has Teeth

While the law has been overhauled, employers still need to maintain vigilance in their hiring process. Random audits of employers may be conducted by the Colorado Division of Labor to ensure compliance with I-9 employment verification requirements. Of course, the possibility of Federal Form audits persists.

What’s Next?

Until the new law takes effect on August 10, 2016, Colorado employers should continue to complete and maintain the state required verification affirmation form for all employees hired to perform work in Colorado. Employers should consider retaining the affirmation form and copies of the employment and identity verification document(s) for those employees hired under the old statute for the duration of their employment. Once an employee leaves an organization, the Colorado affirmation form may be disposed. However, employers must retain the Federal Form I-9 for either one year after employment ends, or three years after the hire date, whichever is later. Going forward, for employees hired August 10, 2016 onward, employers need only comply with existing Federal I-9 laws.

Now that the hiring process in Colorado has been simplified, organization should consider implementing other efficiencies and compliance best practices to optimize their Form I-9 and E-Verify process. Adopting an automated I-9 and E-Verify solution, such as Tracker’s I-9 Complete, is the best way to eliminate compliance risks. Its powerful compliance logic makes it virtually impossible to process an I-9 with errors. Request a Demo and take the first step toward flawless compliance.

Tracker is the most trusted partner for I-9 and E-Verify compliance, with thousands of customers including the top U.S. employers. We are the only I-9 software company with a perfect 13-year record with federal agencies and systems.