NC Businesses and Employers, E-verify This…
Last month, North Carolina joined a growing list of states that require or will eventually require employers to use the Federal E-Verify system to check an employees Social Security number at the time of hire.
The NC law passed the legislation on June 18, 2011 and was signed into law by Governor Perdue on June 23, 2011.
What is E-Verify
The program is administered by the Department of Homeland Security in partnership with the Social Security Administration, and was set-up as a voluntary program for employers. The E-Verify system allows employers, via access to an on-line system, to verify that a worker is authorized to work in the United States.
Phase-In for New NC Law
The law will be phased in over the next three years. Currently state agencies and universities are using the E-verify system. Listed below are the phase in dates for other NC businesses and public employers to use the E-Verify System.
- October 1, 2011 – Municipal and county workers.
- October 1, 2012 – Employers with more than 500 employees
- January 1, 2013 – Employers with more than 100 employees but less than 500 employees
- July 1, 2013 – Employers with more than 25 employees but less than 100 employees.
E-Verify Requirement Spreading Throughout Country
In spring of this year, the US Supreme Court upheld Arizona’s 2007 employment verification law requiring businesses to use the federal E-Verify System. This ruling paved the way for other states to move forward with their E-Verify laws.
In addition, a bill, put forth by Committee Chairman Lamar Smith (R-Texas), to make E-Verify mandatory for all employers throughout the US is currently being considered for approval by the US House Judicial Committee. If approved by the House Judicial Committee the bill would move to floor of the US House of Representatives for consideration and launch a national debate on the matter.
While this is considered and debated at the federal level, states are moving ahead with their E-Verify laws. Just this year alone nine additional states have already passed new laws that will phase-in some type of E-Verify requirements for employers.
Human Resouces Compliance Critical for Businesses
As additional requirements, such as this, are implemented, It will be important for the Human Resources (HR) departments of companies to maintain good accurate record keeping. Failure to comply with requirements such as a states E-Verify requirements or the federal I9 requirement, will result in fines and could lead to criminal charges.
The E-Verify and I9 requirement are two ways for employers to protect themselves from hiring and placing undocumented workers on their payroll. Good record keeping and documentation showing compliance will eliminate unnecesaary problems for you as an employer.
To assist you we have compiled a Guide to E Verify. In the guide we include all the states that currently require or will be phasing in E verify requirements. Just click the button below to obtain your free E Verify Guide.