On June 3, 2026, Colorado Governor Jared Polis signed House Bill (HB) 1283 into law, limiting how employers may handle employees’ government-issued identification documents. The law prohibits the confiscation or retention of identification documents except in limited circumstances and creates new notice, acknowledgment, and recordkeeping requirements related to employment verification.
Affected individuals may seek the immediate return of their documents and pursue civil damages.
This update applies to Colorado employers and their agents. The law took effect immediately upon the Governor’s signature on June 3, 2026.
What Employers Need to Do
- Ensure no employee, applicant, or worker is required to surrender government-issued identification outside permitted circumstances, and limit handling of original documents strictly to lawful verification purposes such as completing Form I-9.
- Return identification documents promptly and never retain originals longer than necessary, with a maximum of 10 hours. After that, employers may retain only a copy.
- Provide the required written notice explaining identification-document protections when employment eligibility documents are reviewed or temporarily retained for verification or reverification, delivered in English and in the worker’s primary language if known.
- Secure the worker’s signed acknowledgment of the notice and retain it in employment records.
- Ensure employees responsible for employment verification are aware of the law’s restrictions and notice requirements.
Overview
What the Law Prohibits: Employers and their agents may not demand, confiscate, retain, or require any worker or applicant to surrender a government-issued identification document.
Who is Covered: Applies to employees, applicants, and workers in any capacity, including migrant and seasonal workers.
Permitted Temporary Retention: Employers may temporarily retain identification only to verify employment eligibility (e.g., Form I-9). Retention may not exceed 10 hours, and employers may retain only a copy afterward.
Notice and Acknowledgment: Employers must provide written notice of workers’ rights in English and the worker’s primary language and keep signed acknowledgments on file.
Enforcement
- Affected individuals may seek immediate return of their documents and pursue damages through civil action.
- Using identification documents to harass, intimidate, or threaten (including threats to share with federal authorities) may elevate the offense to a bias-motivated crime.
Why This Matters
This law substantially changes how Colorado employers handle original government-issued IDs, imposing a 10-hour retention cap, new notice and acknowledgment obligations, and potential criminal liability for knowing violations, with enhanced penalties for harassment or intimidation. The law is effective immediately, requiring employers that review or temporarily retain identification documents during employment verification to ensure their practices align with the new requirements.
Key Risks for Employers
- Criminal Liability: Knowingly retaining or confiscating identification outside permitted circumstances may constitute criminal possession of an identification document.
- Enhanced Criminal Penalties: Conduct involving harassment, intimidation, or protected characteristics may lead to more severe charges.
- Civil Lawsuits: Workers may seek damages and court orders for the immediate return of documents.
- Defensible Justification: Without signed acknowledgments and notice records on file, employers may struggle to defend against civil claims or demonstrate compliance during an investigation.
Source References
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