64-31. Consequences of first violation of G.S. 64-26.
(a) Affidavit Must Be Filed. - For a first violation of G.S. 64-26, the Commissioner shall order the employer to file a signed sworn affidavit with the Commissioner within three business days after the order issued pursuant to this subsection is issued. The affidavit shall state with specificity that the employer has, after consultation with the employee, requested a verification of work authorization through E-Verify.
(b) Effect of Failure to File Affidavit. - If an employer fails to timely file an affidavit required by subsection (a) of this section or by G.S. 64-32 or G.S. 64-33, the Commissioner shall order the employer to pay a civil penalty of ten thousand dollars ($10,000). (2011-263, s. 3; 2015-294, s. 7.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Verification of Work Authorization.
§ 64-26 - Verification of employee work authorization.
§ 64-27 - Commissioner of Labor to prepare complaint form.
§ 64-28 - Reporting of complaints.
§ 64-29 - Investigation of complaints.
§ 64-30 - Actions to be taken; hearing.
§ 64-31 - Consequences of first violation of G.S64-26.
§ 64-32 - Consequences of second violation of G.S64-26.
§ 64-33 - Consequences of third or subsequent violation of G.S64-26.
§ 64-33.1 - Consequences of violation of G.S143-133.3.
§ 64-34 - Commissioner to maintain copies of orders.
§ 64-35 - Work authorization shall be verified through the federal government.
§ 64-36 - Appeal of Commissioner's order.
§ 64-38 - Article does not require action that is contrary to federal or State law.