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 […]
64-26. Verification of employee work authorization. (a) Employers Must Use E-Verify. – Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify. (b) Employer Preservation of E-Verify Forms. – Each employer shall retain the record of the verification of work authorization required by […]
64-27. Commissioner of Labor to prepare complaint form. (a) Preparation of Form. – The Commissioner shall prescribe a complaint form for a person to allege a violation of G.S. 64-26 or G.S. 143-133.3. The form shall clearly state that completed forms may be sent to the Commissioner. (b) Certain Information Not Required. – The complainant […]
64-28. Reporting of complaints. (a) Filing of Complaint. – Any person with a good faith belief that a violation of G.S. 64-26 or G.S. 143-133.3 has occurred may file a complaint with the Commissioner setting forth the basis for that belief. The complaint may be on a form prescribed by the Commissioner pursuant to G.S. […]
64-29. Investigation of complaints. (a) Investigation. – Upon receipt of a complaint filed in accordance with G.S. 64-28, the Commissioner shall investigate whether a violation of G.S. 64-26 or G.S. 143-133.3 has in fact occurred. (b) Certain Complaints Shall Not Be Investigated. – The Commissioner shall not investigate complaints that are based solely on race, […]
64-30. Actions to be taken; hearing. If, after an investigation, the Commissioner determines that the complaint is not false or frivolous: (1) If the alleged violation is of G.S. 64-26: a. The Commissioner shall hold a hearing to determine if a violation of G.S. 64-26 has occurred and, if appropriate, impose civil penalties in accordance […]
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.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.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.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, […]
64-34. 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. 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. 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. 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. 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.)
