New Colorado Affirmation Form Beginning October 1, 2014

The Colorado Department of Labor and Employment (CDLE) has published a new mandatory Affirmation of Legal Work Status form that employers must complete for all new hires who work within the state hired on or after October 1, 2014. Click here to download the new form.

Colorado employers have been required to complete affirmation forms for new hires since January 2007, when the Colorado Employment Verification Law went into effect. This law requires all employers with employees working in Colorado to complete forms affirming compliance with the federal I-9 requirements and to retain with the forms copies of the identity and work authorization documents provided by employees at the time of hire. Employers must complete the affirmation form within 20 calendar days of hiring an employee, and must retain the form for the duration of the employee’s employment.

Employers can begin using the new form dated 9/01/14 for workers hired on or after September 1, 2014, but must use the new form for all workers hired on or after October 1, 2014. Employers must use the old form dated 09/06/12 for workers hired before September 1, 2014.

The CDLE takes the position that employers should not complete an Affirmation Form for any worker, no matter when hired, except during the 20-day period beginning with the date of hire. If an employer does not complete the form during this period, it is not possible to correct that error by completing a form later and, in this case, the CDLE prefers that the employer not prepare an affirmation form. When audited, such omissions should simply be noted on the employer’s response and normally will not result in a penalty.

The instructions for the 2014 version of the affirmation form state that employers must complete the following blanks on the form for it to be compliant: employee name and date of hire and employer name, signature, and date of employer signature. Dates on the form must show Month/Day/Year. By implication, completion of the other blanks on the form is not required, including the employee’s social security number and date of birth.

Members with questions should contact MSEC’s Immigration Services at 800.884.1328 or immigration@msec.org for guidance.