13 NCAC 12 .0904 FILING OF COMPLAINTS
(b) All verbal complaints or complaints filed on a form other than the one prescribed in this Rule shall include the following information:
(1) Complainant's name, address, telephone number, email address (if applicable), and relationship to the employer, unless the complaint is filed anonymously;
(2) Employer's name;
(3) Employer's physical address, mailing address, and telephone number, if available;
(4) Name of business owner or other contact, telephone number, and email address, if available;
(5) Approximate number of employees employed by the employer in the State of North Carolina;
(6) Name(s) of the employee(s) in North Carolina whom the complainant is alleging the employer failed to verify the work authorization of in accordance with G.S. 64-26, if available;
(7) Information which leads the complainant to believe that the employer failed to verify work authorization(s) in accordance with G.S. 64-26; and
(8) Any additional information the complainant considers relevant to support the allegations set forth in the complaint.
(c) A complaint shall not be investigated if:
(1) it is filed against an employer who employs less than 25 employees;
(2) it is based solely on race, religion, gender, ethnicity, or national origin;
(3) sufficient information to proceed with an investigation is not provided at the time of filing pursuant to the provisions of Chapter 64, Article 2 of the North Carolina General Statutes and the provisions of this Section;
(4) within 48 hours of being notified that a complaint has been filed, the employer provides the Commissioner or her designee with written proof of compliance with Chapter 64, Article 2 of the North Carolina General Statutes and the provisions of this Section;
(5) it is based solely upon an employee who was hired prior to the effective date of G.S. 64, Article 2; or
(6) it is based solely upon an employee who meets the criteria of a seasonal temporary worker as set forth in G.S. 64-26(c).
History Note: Authority G.S. 64-37;
Eff. October 1, 2012;
Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.