Since 2007 Colorado has had in place an employment verification law (8-22-122, C.R.S.) which requires public and private employers in the state to complete an affirmation form and retain copies of their employees’ identity and employment eligibility documentation. Colorado isn’t messing around about this requirement either. The affirmation form must be completed within 20 days of hire, and if it is not completed during that time, an employer cannot rectify the situation by completing it at a later date. Presumably, if audited, you are going to be dinged with this failure, and a first offense can be up to $5,000. If you are based in, or have operations in Colorado, check out the Colorado Employment Verification Law Fact Sheet which discusses an employer’s affirmation and identity documents requirements.
Three things worth pointing out. First, Colorado’s requirement is in addition to the form I-9 requirement. Second, in a Big Brother like way, others can file complaints against an employer for violations of this requirement. Third, this is different than those states which are mandating that employers enroll in E-Verify.