Colorado Enacts New I-9 Document Notice Requirement
August 06, 2026
At A Glance
- Employers must not demand, confiscate, retain, or require workers to surrender government-issued identification documents
- Employers reviewing identity and work authorization documents as part of the Form I-9 process must provide a written notice of employee rights and obtain an acknowledgment from the individual.
- The acknowledgment must be retained in the employee's records.
Introduction
On June 3, 2026, Governor Jared Polis signed HB26-1283 into law, prohibiting employers from requiring employees or applicants to surrender government-issued identification documents. Employers must not confiscate or retain those documents except in limited circumstances. Employers may continue to review documents for Form I-9 purposes and make copies when permitted by federal law; however, original documents generally may not be retained for more than 10 hours.
Additionally, when reviewing identity and work authorization documents, employers must provide a written notice informing individuals of their rights under the law and obtain a written acknowledgment confirming receipt of the notice. The acknowledgment must be maintained as part of the employee's employment records.
Because the law does not provide a model notice, clients should consult with their legal counsel to develop a notice that complies with the statutory requirements.
Next Steps
Paylocity will continue to monitor this law and provide updates if additional guidance becomes available.
Thank you for choosing Paylocity as your valued service partner. This information is provided as a courtesy, may change, and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney, or Advisor.
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