- N.C. Adopts E-Verify Program
- July 21, 2011 | Authors: Jill Benson; Jeffrey D. Patton
- Law Firm: Spilman Thomas & Battle, PLLC - Winston-Salem Office
Are you already using E-Verify for all of your new hires? If not, you will soon be required to. The North Carolina legislature passed "An Act to Require Counties, Cities and Employers to Use the Federal E-Verify Program to Verify the Work Authorization of Newly Hired Employees" (the "Act"), which was signed into law by Governor Beverly Perdue on June 23, 2011.
The Act requires all cities, counties and private employers with more than 25 employees to use the E-Verify program.
The E-Verify mandate will be phased in on the following schedule:
- October 1, 2011: Municipalities and Counties in NC
- October 1, 2012: Employers that employ 500+ employees
- January 1, 2013: Employers that employ 100+ employees
- July 1, 2013: Employers that employ 25+ employees
The Act requires North Carolina employers to verify the legal status of all new employees by entering a new hire's I-9 information into the federal E-Verify program to determine the eligibility of that employee to work in the United States. An employer must retain E-Verify documentation on each employee for at least one year after the employment relationship ends.
North Carolina businesses that fail to comply with the Act's requirements face civil penalties ranging from $1,000 - $10,000. If you have not had recent I-9 training that included E-Verify obligations, then we encourage you to begin training today for these upcoming requirements.