13 NCAC 12 .0904             FILING OF COMPLAINTS

(a)  Complaints may be made on the form available at www.nclabor.com, or verbally by contacting the North Carolina Department of Labor at 1-800-625-2267.

(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.