Denver Staffing Agency - Colorado Employment Verification Requirement For Newly-Hired Employees
Federal and State of Colorado Employment Verification Required
In providing Temporary, Temp-to-Hire or Payrolling Staffing Services to our clients, J. Kent is required to verify and document every newly-hired employee’s legal federal and State of Colorado employment eligibility. Committed to employing a legal workforce, our employment verifications include: the Form I-9 Employment Verification, the federal E-Verify program, and the required Colorado Affirmation of Legal Work Status (ALWS) pursuant to Immigration Law: 8-2-122, C.R.S, effective January 1, 2007.
Colorado Employment Verification Law Applies to any Employer who Transacts Business in Colorado
Surprisingly, we find that a great majority of our clients are not in compliance with, know of, or understand the Colorado Employment Verification Law (8-2-122, C.R.S.) and rules, regardless of our Denver staffing client’s stature, reputation or size, Why? We do not have the answer; however we do know that the law and the rules apply to every public and private employer who transacts business in Colorado, and to employees hired on or after January 1, 2007.
Colorado Division of Labor’s Random Audit Process Assess Compliance with 8-2-122, C.R.S.
The Colorado Division of Labor (Division) is a state agency under the Department of Labor and Employment. The Division, assesses compliance with the law through their “random audit” process. If you have been lucky enough to have received their “Notice of Random Audit”, you quickly recognize the Division’s current enforcement perspective and the costly penalties due to violation of this law.
Requirements – Two Main Components to the Law
- 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.
- The employer must keep a written or electronic copy of the employee's documents required by 8 U.S.C. sec. 1324a (commonly known as Form I-9 identity and employment authorization documents). The copies must be retained for the term of employment of each employee.
Employers must use the Division Mandatory Affirmation Form with a revision date of 09/01/14 for all employees hired after October 1, 2014. This form may also be used for all employees hired on or after September 1, 2014.
The documents described above should not be submitted to the Colorado Division of Labor, unless specifically requested by the Division.
COLORADO EMPLOYMENT VERIFICATION LAW
Source: Department of Labor and Employment, Division of Labor