January 19, 2022

Volume XII, Number 19

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January 19, 2022

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January 18, 2022

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E-Verify Laws in North Carolina are Unfair for Our Largest Employers and May Discourage Growth of Our Small Businesses

In his veto message of House Bill 786 - RECLAIM NC, the Governor states that his objection is, in part, to the widening loophole for verifying legal presence.  I agree with the Governor's intent - which is to protect jobs in North Carolina for North Carolinians. 

 But here's the problem:

Existing law in NC only requires employers with 25 or more employees to use E-Verify.  According to the 2010 US Census 65% of the businesses in our state have 19 or fewer employees.  The next category of data the Census compiled is businesses with 20-99 employees so I can't tell you what percentage of our businesses (20-24 employees in addition to the 65% I just mentioned) are completely exempt from E-Verify and continue to use the I-9 requirements to hire new workers.  So it appears that the effect of the law is to keep our largest employers from using available and reliable labor for difficult-to-fill and seasonal jobs while the overwhelming majority of our businesses are free from that additional restriction.

And yes, it is still a violation of federal law to employ workers who are not here legally.  And yes, alien labor is a federal issue.  But Congress is not addressing this problem - or any other problem - this week and we still can't find enough workers.

Copyright © 2022 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume III, Number 269
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About this Author

The Womble Carlyle Solutions team operates at the intersection of politics and law, providing clients with a broad range of government relations, political law compliance and political advocacy services at the federal, state and local levels. We listen closely to understand each client’s specific business and legal needs, and we provide customized, personalized service aimed at helping clients achieve those desired outcomes.

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