Hiring restaurant staff in North Carolina: E-Verify, minors and paperwork

Hiring is the busiest and riskiest paperwork job in a restaurant, because turnover is high and the rules vary by the size of your business and the age of the worker. This guide, checked in October 2026, explains the main North Carolina points: who must use E-Verify, how to treat minors, what documents to keep and how to avoid common mistakes. It is general information, not legal advice. Confirm each point with the North Carolina Department of Labor, the federal agencies and an employment lawyer.

Who must use E-Verify in North Carolina?

North Carolina requires employers with 25 or more employees in the state to use E-Verify, the federal system that checks the work eligibility of new hires. The state labor department's FAQ explains that only employees who work in North Carolina count toward the threshold, that the requirement covers new hires and not existing staff and that employees whose term of employment is less than nine months in a calendar year are not counted. Public employers are covered as well. Seasonal businesses such as beach and mountain restaurants should check how their staffing counts across the year. If you are near the line, ask the labor department for guidance before you hire.

What is the I-9, and who needs one?

Every employer in the country must complete a Form I-9 for each new employee, whether or not E-Verify applies. The employee fills in Section 1 on or before the first day of work, and you examine original documents and complete Section 2 within three business days of the start date. Keep forms apart from personnel files, and retain them for the period that the federal rules require. Never ask for specific documents, because that can be discrimination. Let the employee choose from the lists of acceptable documents.

What do you need for workers under 18?

North Carolina law requires a youth employment certificate for most workers under 18, issued through the labor department's system, and the statute puts the duty on the employer not to employ a minor without one unless the work is exempt. The labor department's rules also limit the hours and the duties of workers aged 14 and 15, and prohibit some tasks for those under 18, such as operating certain power-driven machinery. The department's hour limits have changed over time, so read the current rules on its site before you schedule a teenager. Keep a copy of the certificate in the file.

How do you handle the first week?

Plan an orientation that covers the schedule, the tip policy, the handwashing and illness rules, the allergen procedure and the safety rules for knives, slicers and hot oil. Give each worker a written copy of the pay rate and the tip credit notice if you use one. Ask the new hire to sign that they received the handbook. A shift of training with an experienced worker is worth more than a thick manual.

Pair a new server with a trainer for several shifts, and give a checklist of tasks to learn: the point-of-sale system, the menu and allergens, the table numbers, the opening and closing duties and the tip-out. For kitchen staff, include a knife and equipment safety walk-through, the cleaning schedule and the temperature logs. A signed training record shows an inspector or a lawyer that you took training seriously. Review progress at the end of the first week and again at thirty days.

What about alcohol service?

Servers and bartenders who handle alcohol must meet the age rules of the state's ABC law, and your permit may require training for staff. The age rules for serving and for working near alcohol differ by role and permit, so read the ABC Commission's guidance. Many businesses require a responsible-service course, and some insurers reward it with a discount.

How do you keep good staff?

Pay fairly and on time, publish schedules a week or more ahead, let people swap shifts and give feedback often. Promote from within when you can. Offer a staff meal. Exit conversations with people who leave tell you what to fix. Turnover costs more than most owners estimate, in training time and lost service.

What records should you keep?

Keep the application, the I-9, the tax forms, the signed policy acknowledgments, the youth certificate where it applies, the time records and the pay records. Store them securely, because they contain personal data, and restrict access to those who need it. Destroy them when the retention period ends.

Which mistakes are common?

Using a family member's help without putting them on payroll, scheduling a minor beyond the hours allowed, paying cash without records, misclassifying employees as contractors and skipping the I-9. Each can bring penalties and back taxes. A short audit every six months catches most of them.

Another common mistake is to rehire a former employee without a new I-9 when one is needed, or to let a seasonal worker start before the paperwork is done. In a coastal or mountain town, where many workers arrive for a season, set a hiring calendar: post jobs early, finish documents before the first shift and keep a short list of people you trust to return. Visa-sponsored seasonal workers have their own rules, so ask an immigration lawyer if you use them.

More guides for your business:

• North Carolina ABC permits and the 30 percent food rule for restaurants
• North Carolina tip pooling rules for restaurants (2026)
• North Carolina tipped employee payroll: records, overtime and make-up pay

More in the US guides for food businesses.