North Carolina begins to put its E-Verify legislation into practice beginning October this year. The N.C. General Assembly passed E-Verify legislation that will become effective in three phases as follows:
Effective Oct. 1, 2012—employers with 500 or more employees will be required to use E-Verify to check work authorization for all new hires.
Effective Jan. 1, 2013—employers with 100 or more employees will be required to use E-Verify to check work authorization for all new hires.
Effective July 1, 2013—employers with 25 or more employees will be required to use E-Verify to check work authorization for all new hires.
Employers who hire temporary seasonal workers for fewer than 90 days within a consecutive 12-month period and private employers with 24 or fewer employees are not required to use E-Verify, according to the North Carolina Department of Labor’s website.
The new law has three main parts: (1) a requirement that employers use the federal E-Verify program, (2) a new system for reporting complaints regarding potential violations, and (3) penalties for non-compliance.
According to the legislation for first-time violations, the employer will be required to file a signed sworn affidavit that it has requested a verification of work authorization through E-Verify with the Commissioner. For second-time violations, the employer will be fined $1,000.00 and be required to file the same affidavit with the Commissioner. For all additional violations, the employer will be fined $2,000.00 for each employee that the employer failed to screen, in addition to the affidavit requirement.