North Carolina requires private employers with 25 or more employees and all government employers to use the federal E-Verify system to confirm work authorization under NCGS 64-26.
NCGS 64-25 through 64-38 require every employer in North Carolina that employs 25 or more employees to register with and use the federal E-Verify program to verify the work authorization of newly hired employees. The mandate applies to private employers; governmental employers and certain contractors face additional requirements. Workers employed for less than nine months in a calendar year fall outside the statutory definition of employee, exempting true seasonal hires. Employers must retain E-Verify documentation while a worker is employed and for one year after termination. The Commissioner of Labor enforces compliance through complaint-driven investigations, with escalating civil penalties under NCGS 64-31 through 64-33.
First violations require a sworn affidavit within three business days, with a $10,000 penalty for failing to file; second violations carry a $1,000 penalty, and third or subsequent violations cost $2,000 per employee not verified under NCGS 64-33.
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