AN ACT TO REPEAL THE E-VERIFY EXEMPTION FOR TEMPORARY EMPLOYEES; TO AUTHORIZE AN EMPLOYER TO OBTAIN A NINE-MONTH WAIVER OF THE REQUIREMENT THAT EMPLOYERS USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION OF THEIR EMPLOYEES WHO ARE FARM WORKERS; AND TO APPROPRIATE FUNDS TO HIRE AN ADDITIONAL INVESTIGATIVE ASSISTANT.
Current law requires that an employer verify that an employee hired to work in the United States is authorized to work via E-Verify and provides an E-Verify exemption for an individual whose term of employment is less than nine months in a calendar year.
Amends GS 64-25(3) to repeal the E-verify exemption for temporary employees working less than nine months. Instead, enacts new GS 64-39 to permit an employer to seek a nine-month waiver from the requirements of GS 64-26 from the Department of Labor for employees who are farm workers. Provides that an application for a waiver under this section is to be for a specified number of newly hired employees and a waiver that is issued under this section may waive the requirements of GS 64-26 only for that number of newly hired employees. Imposes a civil penalty of $5,000 for each false statement by an employer on a waiver application.
Makes a conforming change to the definition for employeein GS 64-25.
Effective July 1, 2014, appropriates $60,000 from the General Fund to the Department of Labor for a new investigative assistant position to assist in the administration of the waiver system created under this act.
Except as otherwise indicated, this act becomes effective October 1, 2014.
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