Summary At a Glance
- New Notice Requirement. Colorado employers must provide a written notice when verifying an individual’s employment eligibility, even if they do not confiscate or retain original identification documents.
- Acknowledgment and Recordkeeping. The notice must be provided in English and, when applicable, the individual’s primary language. Employers must obtain an acknowledgment and retain records of both.
- Review Form I-9 and Onboarding Procedures. Employers should update their employment eligibility verification processes and train responsible personnel to comply with the new notice, recordkeeping, and document-handling requirements.
Colorado employers have a new compliance requirement to incorporate into their employment eligibility verification process under House Bill (HB) 26-1283, which took effect June 3, 2026.
While the law generally prohibits employers from confiscating or improperly retaining government-issued identification documents, it also establishes a new written notice and acknowledgment requirement.
New Notice Requirement for Employers
When verifying an individual’s employment eligibility, Colorado employers must provide notice explaining that employers are generally prohibited from demanding, confiscating, retaining, or otherwise requiring an employee, applicant, or other individual performing or seeking work to surrender a government-issued identification card.
Importantly, this notice requirement applies when an employer verifies an individual’s employment eligibility, even if the employer does not confiscate or retain original identification documents. Employers should therefore incorporate the notice and acknowledgment into their employment eligibility verification procedures.
The required notice must be:
- In writing (hard copy or electronic);
- Provided in English or in the individual’s primary language if the employer knows the individual’s primary language is not English; and
- Acknowledged by the individual.
Employers must retain a record of both the notice and the individual’s acknowledgment in their employment records.
Handling Identification Documents
The law permits employers to request and temporarily retain a government-issued identification card for purposes of completing Form I-9. However, the document may only be retained for as long as necessary to verify employment eligibility and make a copy, and no longer than 10 hours.
Employers may retain a copy of the identification document in their records. The law also provides exceptions when retention is required or permitted by state or federal law or regulation or pursuant to a signed judicial warrant.
Recommended Next Steps for Employers
Colorado employers should review their current onboarding and employment eligibility verification procedures to ensure the new Colorado notice requirement is consistently incorporated into the process as follows.
- Prepare Required Notices. Employers should develop a written notice that meets the law’s requirements and establish a process for providing it in an individual’s primary language when required. Employers should continue to monitor Colorado guidance for any additional resources or guidance that may be issued.
- Update Employment Eligibility Verification Procedures. Incorporate the required written notice and acknowledgment into the applicable verification process.
- Maintain Records. Develop a process for retaining documentation of both the notice and the individual’s acknowledgment.
- Review Electronic Form I-9 Systems. Employers that use an electronic Form I-9 system should work with their vendor or system administrator to incorporate the required Colorado notice and acknowledgment into the employment eligibility verification process and ensure records are properly retained.
- Train HR Personnel. Ensure employees responsible for employment eligibility verification understand the new notice requirement and restrictions on retaining original identification documents.
How HR Works Can Help
Current HR Works Virtual Helpline or Strategic Services clients may contact the helpline or their designated HR Consultant with questions. Not a current client? Contact us today for information about how HR Works can help you navigate rapidly-changing state and federal employment laws.
