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.

(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.