One Less Mandatory Affirmation

By Carol Hildebrand

Effective August 10, 2016, Colorado will no longer require employers to prepare an affirmation certifying the employer checked the identity and authorization to work of each new hire.  Colorado House Bill 16-1114, a bi-partisan effort, was titled “Concerning the Repeal of Duplicative Reporting Requirements.”  Colorado Revised Statutes Section 8-2-122 was accordingly amended and the requirement of the affirmation was deleted.  Consequently, the Colorado Department of Labor and Employment will no longer perform random or complaint-driven investigations of whether employers are preparing and maintaining the state-mandated affirmations.

The federal I-9, ”Employment Eligibility Verification,” procedures remain in place, and employers remain subject to federal Immigration and Customs Enforcement inspections for compliance with the U.S. Immigration and Nationality Act.