Identification documents - retention by employers prohibited - definition

(1) (a) Except as otherwise described in this section and section 8-2-125 (1)(c), an employer or an employer's agent shall not demand, confiscate, retain, or otherwise require an individual who is an employee or an applicant for employment or who is performing work or seeking to perform work for the employer in any capacity, including a migrant worker or seasonal employee, to surrender the individual's government-issued identification card. (b) An employer or employer's agent may: (I) Request and temporarily retain an individual's government-issued identification card for the purpose of verifying the individual's employment eligibility status through completion of the employment eligibility verification form I-9, or its successor form, for employment in the United States; (II) Retain an individual's government-issued identification card only for as long as is necessary to verify the individual's employment eligibility and make a copy of the card, and in no case for more than ten hours; and (III) Retain a copy of an individual's government-issued identification card in the employer's records. (2) (a) When an employer verifies an individual's employment eligibility, the employer shall notify the individual of the prohibition described in subsection (1) of this section. The notification must be: (I) In writing; (II) In English; (III) In the individual's primary language, if the employer knows the individual's primary language is not English; and (IV) Acknowledged by the individual. (b) The employer shall retain a record of the notification and acknowledgment in the employer's employment records. (3) Nothing in this section prohibits an employer from retaining a government-issued identification document if the retention is: (a) Required or permitted by state or federal law or regulation, including for the purpose of verifying an individual's employment eligibility; or (b) Performed pursuant to a signed judicial warrant. (4) An employer that knowingly violates subsection (1) of this section commits criminal possession of an identification document, as described in section 18-5-903.5. (5) As used in this section, "government-issued identification card" has the meaning set forth in section 8-2-125 (3)(c).