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North Carolina Enacting E-Verify Requirements Beginning October 1, 2012

September 26, 2012

E-verify is a web-based system that compares an employee’s Employment Eligibility Verification (I-9) to the Department of Homeland Security’s and the Social Security Administration’s records to confirm the person’s employment eligibility. Legislation requiring E-verify compliance is sweeping the nation, and North Carolina is the next state on the list to implement these measures.

Governor Beverly Perdue signed the bill into law in June of 2011.

Effective on October 1, 2012, North Carolina employers with 500 or more employees will be required to use E-verify to check all new hires’ work authorizations. In addition, employers with 100 or more employees will be required to comply as of January 1, 2013, and employers with 25 or more employees will have until July 1, 2013 to comply.

An exception will be made for employers who hire seasonal or temporary workers. According to the N.C. Department of Labor website: “Employers who hire temporary seasonal workers for fewer than 90 days within a 12 month period are not required to use E-verify”. There are no plans at this time to require North Carolina employers with less than 25 employees to check E-verify.

The N.C. Department of Labor will be in charge of investigating complaints for violations of the E-verify law.

The N.C. Commissioner of Labor will be assessing civil penalties to employers who violate the state’s regulation. Penalties are stiff, ranging from $1,000 to $10,000.

North Carolina’s neighboring states of South Carolina, Tennessee, and Georgia already have similar laws requiring E-verify in place.

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