| Regarding
Legal
Affirmation forms To comply with State law, an employer must affirm within 3 days after hiring a new employee, that the employer has examined the legal work status of the new employee. Are there penalties prescribed for non-compliance with this new law? Yes. “An employer who, with reckless disregard, fails to submit proper or submits false documents shall be subject to a fine of not more than $5,000, and not more than $25,000 for second and subsequent offenses.” How does an employer verify the information provided by an employee? The Colorado Department of Labor and Employment (CDLE) suggests utilizing two free online databases: A) E-Verify The site is maintained by the Department of Homeland Security, U.S. Citizenship and Immigration Services Bureau (USCIS). The site is called the “Basic Pilot Program.” The site allows an employer to verify the employment eligibility of all newly hired employees, regardless of citizenship. CDLE recommends printing the query and results screens and placing them in the employee’s I-9 file. The Basic Pilot Program involves verification checks of the Social Security Administration and Department of Homeland Security databases, using an automated system to verify the employment authorization of all newly hired employees. B) Social Security Number Verification Service (SSNVS) The site is maintained by the Social Security Administration and called “The Social Security Number Verification Service” (SSNVS). This site is for Social Security number verification and most inquiries are answered instantaneously. CDLE recommends printing the query and results screens and placing them in the employee’s I-9 file. With SSNVS an employer may verify up to 10 names and Social Security numbers online and receive immediate results, or upload batch files of up to 250,000 names and Social Security numbers and usually receive results the next government business day. According to the U.S. Social Security Administration, it takes about two weeks from the time you register until you receive your activation code and can begin using SSNVS. Note: If the employer uses the ten name verification system, the screen print for each individual must remain legible. However, the other names that are listed must be redacted for privacy purposes. Therefore, employers should print ten copies and redact the “non-relevant” information and maintain the relevant individual employee’s information for filing with the I-9 information. Whose employment eligibility may I verify through the Basic Pilot Program? An employer may verify the employment eligibility of all newly hired employees. The Basic Pilot Program may not be used for pre-employment screening of job applicants. |
