North Carolina Passes Law Phasing In Mandatory Use of E-Verify by Employers

North Carolina Governor Beverly Perdue has signed into law the requirement that cities, counties, and businesses in the state employing 25 workers or more use E-Verify, an internet-based system operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) that allows participating employers to verify the employment eligibility of their newly hired employees. The law (House Bill 36) – “An Act To Require Counties, Cities, And Employers To Use The Federal E-Verify Program To Verify The Work Authorization Of Newly Hired Employees” – will be phased in for different employers from October 1, 2011, through July 1, 2013.

The E-Verify requirement will be phased in over a two year period in the following way and the employer must register and participate in E-Verify by the applicable date:

  • October 1, 2012, for employers that employ 500 or more employees.
  • January 1, 2013, for employers that employ 100 or more but less than 500 employees.
  • July 1, 2013, for employers that employ 25 or more but less than 100 employees.
  • Agricultural companies hiring seasonal workers for 90 days or less during a 12 consecutive month period will be exempt.

Effective October 1, 2011, counties and municipalities in North Carolina must use E-Verify, and each county and municipality shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States.

The new legislation also enables anyone to file an anonymous complaint with the North Carolina Commissioner of Labor if they have a “good faith belief” that a business is employing an unauthorized worker. Businesses employing non-employment-authorized individuals would face the following penalties:

  • The first violation will result in a civil penalty of $10,000,
  • The second violation will result in a civil penalty of $1,000, regardless of the number of required employee verifications the employer has failed to make, and
  • The third or subsequent violation will result in a civil penalty of $2,000 for each required employee verification that the employer has failed to make.

The law also requires employers to retain records of its E-Verify verification of work authorization as long as the E-Verify authorized worker remains employed, and for one year after. The new North Carolina law, H.B. 36, is available at: http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H36v7.pdf.

To learn more about E-Verify services from Employment Screening Resources (ESR) – a Designed E-Verify Employer Agent and nationwide background screening provider accredited by The National Association of Professional Background Screeners (NAPBS) – please visit http://www.esrcheck.com/formi9.php.

About Employment Screening Resources (ESR): Founded in 1997 in the San Francisco area with a mission to help employers and employees maintain safe workplaces, Employment Screening Resources (ESR) is accredited by The National Association of Professional Background Screeners (NAPBS®) and provides industry leading technology, legal compliance, service, turnaround, and accuracy. ESR also wrote the book on background checks with ‘The Safe Hiring Manual’ by founder and President Lester Rosen. For more information, visit http://www.ESRcheck.com.

Source:
http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H36v7.pdf