2021 Colorado Code
Title 8 - Labor and Industry
Article 2 - Labor Relations, Generally
Part 1 - General Provisions
§ 8-2-122. Employment Verification Requirements - Audits - Fine for Fraudulent Documents - Cash Fund Created - Definitions

1. As used in this section, unless the context otherwise requires:
   1. “Director” means the director of the division.
   2. (Deleted by amendment, L. 2016.)
   3. “Employer” means a person or entity that:
      1. Transacts business in Colorado;
      2. At any time, employs another person to perform services of any nature; and
      3. Has control of the payment of wages for such services or is the officer, agent, or employee of the person or entity having control of the payment of wages.

   4. (Deleted by amendment, L. 2016.)

2. (Deleted by amendment, L. 2016.)
3. Upon the request of the director, an employer shall submit documentation to the director that demonstrates that the employer is in compliance with the employment verification requirements specified in 8 U.S.C. sec. 1324a (b). The director or the director's designee may conduct random audits of employers in Colorado to obtain the documentation. When the director has reason to believe that an employer has not complied with the employment verification and examination requirements, the director shall request the employer to submit the documentation.
4. (Deleted by amendment, L. 2016.)
5. It is the public policy of Colorado that this section shall be enforced without regard to race, religion, gender, ethnicity, national origin, or disability.
6. Repealed.

History. Source: L. 2006, 1st Ex. Sess.: Entire section added, p. 37, § 1, effective July 31. L. 2016: (1)(b) amended,(HB 16-1323), ch. 131, p. 377, § 7, effective August 10; entire section amended,(HB 16-1114), ch. 266, p. 1102, § 2, effective August 10. L. 2020: (6) added,(HB 20-1381), ch. 171, p. 785, § 1, effective June 29.

Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2020. (See L. 2020, p. 785 .)

For the legislative declaration in HB 16-1114, see section 1 of chapter 266, Session Laws of Colorado 2016.

Law reviews. For article, “2006 Immigration Legislation in Colorado”, see 35 Colo. Law. 79 (Oct. 2006). For article, “Colorado Among Leading States to Enact Immigration Enforcement Laws on Employers”, see 38 Colo. Law. 55 (April 2009).