§ 64-34 – Commissioner to maintain copies of orders.
64-34. Commissioner to maintain copies of orders. The Commissioner shall maintain copies of orders issued pursuant to G.S. 64-31, 64-32, and 64-33, and shall maintain a database of the employers and business locations that have a violation of G.S. 64-26 and make the orders available on the Commissioner’s Web site. (2011-263, s. 3.)
§ 64-35 – Work authorization shall be verified through the federal government.
64-35. Work authorization shall be verified through the federal government. When investigating a complaint under this Article, the Commissioner shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. 1373(c). The Commissioner shall not attempt to independently make a final determination of whether an alien is authorized […]
§ 64-36 – Appeal of Commissioner's order.
64-36. Appeal of Commissioner’s order. A determination by the Commissioner pursuant to this Article shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. 7502(f)(2) with delivery […]
§ 64-37 – Rules.
64-37. Rules. The Commissioner may adopt rules needed to implement this Article. (2011-263, s. 3.)
§ 64-38 – Article does not require action that is contrary to federal or State law.
64-38. Article does not require action that is contrary to federal or State law. This Article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or State law. (2011-263, s. 3.)
§ 64-31 – Consequences of first violation of G.S64-26.
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 […]
§ 64-32 – Consequences of second violation of G.S64-26.
64-32. Consequences of second violation of G.S. 64-26. For a violation of G.S. 64-26 that occurs after an order has been issued pursuant to G.S. 64-31, the Commissioner shall order the measures required by G.S. 64-31(a) and shall also order the employer to pay a civil penalty of one thousand dollars ($1,000), regardless of the […]
§ 64-33 – Consequences of third or subsequent violation of G.S64-26.
64-33. Consequences of third or subsequent violation of G.S. 64-26. For a violation of G.S. 64-26 that occurs after an order has been issued pursuant to G.S. 64-32, the Commissioner shall order the measures required by G.S. 64-31(a), and shall also order the employer to pay a civil penalty of two thousand dollars ($2,000) for […]
§ 64-33.1 – Consequences of violation of G.S143-133.3.
64-33.1. Consequences of violation of G.S. 143-133.3. For violation of G.S. 143-133.3, the Commissioner shall notify the board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, found to have committed the violation that the board or governing body of the State, […]
§ 64-25 – Definitions.
64-25. Definitions. The following definitions apply in this Article: (1) Commissioner. – The North Carolina Commissioner of Labor. (2) Employ. – Hire an employee. (3) Employee. – Any individual who provides services or labor for an employer in this State for wages or other remuneration. The term does not include an individual whose term of […]