Summary: All state agencies, offices, and universities must use E-Verify, required by SB 1523 in 2006. This applies to employees hired on or after January 1, 2007, except for employees of local education agencies hired on or after March 1, 2007.
House Bill 36 was signed into law on June 23, 2011, and the new provisions specify that all counties and municipalities must register and utilize E-Verify to verify the work authorization of all new hires beginning October 1, 2011. Private employers are also affected by the law, however the compliance dates are active in phases and determined by the total number of employees as follows:
- Private employers with 500 or more employees are required to participate by October 1, 2012
- Private employers with 100-499 employees are required to participate by January 1, 2013
- Private employers with 25-99 employees are required to participate by July 1, 2013
It is EBI’s understanding that the new requirements do not apply to private employers with less than 25 employees and/or seasonal temporary employees who are employed for 90 or fewer days during a 12-consecutive-month period. The law also states that each employer shall retain the record of the verification of work authorization while the employee is employed and for one year thereafter.
Upon receipt of any filed complaint that an employer is allegedly violating or has allegedly violated the new law, the North Carolina Commission of Labor is authorized to conduct an investigation.
If it is determined that a violation occurred, the employer shall be ordered to file a signed sworn affidavit indicating that, after consultation with the employee, it has requested a verification of work authorization via E-Verify. At this time, the Commission of Labor is also authorized to notify both the U.S. Immigration and Customs Enforcement and local law enforcement to notify them of the possible presence of an unauthorized alien. The employer will be ordered to pay a $10,000 civil penalty if it fails to file the required affidavit within three business days, and any subsequent violations are subject to additional civil penalties.
Please note that this new law does not apply to other state government agencies or colleges, as North Carolina Senate Bill 1523 has required they utilize E‐Verify for all employees hired on or after January 1, 2007.