Staffing Now, Aug/Sept/Oct 2011

Page 16

LEGAL MATTERS

North Carolina Jumps on the “E-Verify” Bandwagon By Jill Benson, ESQ

If your company has not already implemented E-Verify then it may soon be required to do so. On June 23, 2011, North Carolina joined several other states in requiring private employers to verify that all new hires are authorized to work in the United States. The North Carolina law will eventually impact private employers with more than twenty-five (25) employees. The E-Verify mandate will be implemented on the following dates:

• October 1, 2012: Employers that employ 500+

Employers must retain the E-Verify report and documentation on each employee for at least one year after the employment relationship ends. It is preferable if the employer staples the E-Verify report to the back of the employee’s I-9 Form. Failure to comply with the E-Verify law can result in civil penalties up to $10,000. The civil penalty will depend upon how many employee verifications the employer failed to make and if this is the first violation or a repeat violation.

employees

• January 1, 2013: Employers that employ 100+ •

employees July 1, 2013: Employers that employ 25+ employees

E-Verify is a federally administered online system that confirms the employment eligibility of new hires. North Carolina employers must verify the legal status of all new hires by entering the individual’s I-9 information into the federal E-Verify program. The E-Verify program provides results within seconds to verify the individual’s ability to work in the United States.

16 August/September/October 2011

If your company has twenty-five (25) or more employees then it should begin preparing to enroll in the E-Verify program. Contact your employment attorney to have I-9 and E-Verify training. Jill M. Benson (336) 574-8095, jillmbenson@hotmail.com

NCASP.com


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