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January 1 marks major deadline for North Carolina E-Verify law

by Richard L. Rainey

North Carolina’s law requiring employers and local governments to use the federal E-Verify system when hiring new employees is taking effect in phases. January 1 is the next effective date.

The requirement to use E-Verify begins January 1 for employers with at least 100 but fewer than 500 employees in North Carolina. For employers with at least 25 but fewer than 100 employees in North Carolina, the requirement will start on July 1. Employers with 500 or more North Carolina employees had to begin using the system on October 1, 2012.

In determining the effective date on which to comply, employers should consider only the number of employees who work in North Carolina. For example, if your company employs 500 employees nationwide but only 75 in North Carolina, you must begin complying with the E-Verify law on July 1. For more information, consult the North Carolina Department of Labor’s list of frequently asked questions and answers.

Richard L. Rainey is a partner of Womble Carlyle Sandridge & Rice, P.L.L.C., in the firm’s Charlotte, North Carolina, office and the editor of North Carolina Employment Law Letter. He can be reached at rrainey@wcsr.com.