7.5.11

The Tarheel State has just joined the growing list of states requiring that employers use E-Verify. The North Carolina law was signed by Governor Bev Perdue on June 23 and requires employers with 25 or more employees to use the federal E-Verify employment verification program for all new hires. The requirements will be phased in for private employers based on their size:

October 1, 2012: Effective date for employers having 500 or more employees
January 1, 2013: Effective date for employers having 100-499 employees
July 1, 2013: Effective date for employers having 25-99 employees

All counties and municipalities in the state will be required to use the E-Verify program to screen potential employees beginning October 1, 2011.

Penalties are based on the number of violations committed by an employer. The law does not apply to seasonal workers who work 90 days or less during a single year.

Unlike some states' E-Verify laws, the North Carolina law mandates use of E-Verify only, and has no provisions regarding the transport or harboring of illegal aliens.

If you have a question about North Carolina immigration laws, please feel free to contact any member of Constangy's Immigration Practice Group, or the Constangy attorney of your choice.

Constangy, Brooks & Smith, LLP has counseled employers on labor and employment law matters, exclusively, since 1946. A "Go To" Law Firm in Corporate Counsel and Fortune Magazine, it represents Fortune 500 corporations and small companies across the country. Its attorneys are consistently rated as top lawyers in their practice areas by sources such as Chambers USA, Martindale-Hubbell, and Top One Hundred Labor Attorneys in the United States, and the firm is top-ranked by the U.S. News & World Report/Best Lawyers Best Law Firms survey. More than 130 lawyers partner with clients to provide cost-effective legal services and sound preventive advice to enhance the employer-employee relationship. Offices are located in Alabama, California, Florida, Georgia, Illinois, Massachusetts, Missouri, New Jersey, North Carolina, South Carolina, Tennessee, Texas, Virginia and Wisconsin. For more information, visit www.constangy.com.

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