Colorado Bills Become Law

On June 8, Gov. John Hickenlooper signed House Bill 16-1114, which repeals the state requirement for employers to complete an affirmation of legal work status in addition to the federally required I-9 form. These affirmations have been required under Colorado law since 2007, but are “unnecessary and redundant due to existing federal I-9 requirements” according to the new law. The law does not require use of E-Verify or otherwise change federal I-9 requirements. It will take effect on August 10, 2016.

On June 10, Gov. Hickenlooper signed House Bill 1432, which requires that an employer, at least annually, permit a current or former employee to inspect and obtain a copy of his or her personnel file.

The new law specifies when, how, and how often reviews can take place. It excludes the following documents from the definition of personnel file:

  • Records required to be placed in a separate file by federal or state law or rule;
  • Records pertaining to confidential reports from previous employers of the employee;
  • Records relating to an active disciplinary investigation by the employer or a regulatory agency, or an active criminal investigation; and
  • Any information in a document or record that identifies any person who made a confidential accusation, as defined by the employer, against the employee.

The law does not apply to employers covered by the Colorado Open Records Act or to a financial institution chartered and supervised under state or federal law. It also does not require an employer to create, maintain, or retain a personnel file for a current or former employee, nor does it require an employer to retain any documents that are or were in a personnel file for a specific period of time.

This law takes effect January 1, 2017.