NORTH CAROLINA INDUSTRIAL COMMISSION

Help Line: (800) 688-8349, (919) 807-2501, or infospec@ic.nc.gov
Fraud and Insurance Compliance Hotline: (888) 891-4895 or fraudcomplaints@ic.nc.gov

Employee Classification Section

Employee Classification

Our Mission

To identify businesses that engage in activities of Employee Misclassification throughout the State of North Carolina and collaborate with State agencies to conduct independent investigations in order to determine if there has been violation of the respective agency operating statutes. The Employment Classification Section within the North Carolina Industrial Commission is governed by North Carolina General Statute 143 - Article 82 "Employee Fair Classification Act."

Employee Fair Classification Act

The Employee Classification Section is the primary point of contact for employees, businesses and citizens who desire to report suspected instances of misclassification of workers for the state of North Carolina. The agency collaborates with the following state agencies to facilitate the investigation of potential violations of Chapter 95, 96, 97, 105 or 143 of North Carolina General Statutes:

  • North Carolina Department of Labor;
  • North Carolina Industrial Commission - Compliance and Fraud Investigative Division;
  • North Carolina Department of Commerce - Division of Employment Security; and
  • North Carolina Department of Revenue.

If determined there has been a violation of any operating agency statute, each agency will ensure the necessary enforcement actions pursuant to respective statutes. The agency has the responsibility of reporting to the Director once the investigation is complete of the outcome and any fines/penalties, if any, that have been assessed. In addition, if any of the above listed agencies receive complaints directly for employee misclassification, the agency is responsible for reporting this information to the Director. The Director will then distribute this information and independent investigations of each agency statutes and determination if there has been any violation of such statutes. It is the responsibility of each agency to report to the Director on a Quarterly Basis the outcome of all claims for worker misclassification.

Reporting Guidelines

Reporting Misclassification

Contact Information:

E-mail: emp.classification@ic.nc.gov

Telephone: (919) 807-2582

Fax: (919) 715-0282

Mail:

North Carolina Industrial Commission
Attn: Employee Classification Section
1233 Mail Service Center
Raleigh, NC 27699-1233

You may report misclassification anonymously by clicking here. This page does not collect any personal or location information - your submission is completely confidential. The records of the Section are not public records in accordance with N.C. Gen. Stat. § 143-766(a).

Reporting Checklist:

Please provide as much of the following information as possible when reporting potential claims for employee misclassification:

  • Name and address of business and/or individual you suspect is committing misclassification.
  • Nature of work/activities being performed by worker.
  • Other agencies in which this information has been reported.
  • Relationship of reporting party to the business, if any (employee, former employee, partner, competitor, etc.).
  • Details about employer relationship with workers including, but not limited to: employer establishes the activities that constitute the daily work requirements for workers, employer provides direction on how to complete specific working tasks, employer provides equipment for workers to complete assignments/tasks, etc.
  • Documentation that supports the claim for misclassification including, but not limited to: tax documentation, copies of payment records, employment offer letter, documentation pertaining to agreement for contracted services, etc.
  • The number of additional workers performing the same and/or similar duties.
  • Additional information pertaining to suspected misclassification activity.

Employee Classification Contacts

The Employee Classification Section consists of a Director and support staff. The telephone numbers and e-mail addresses for the Employee Classification Section are as follows:

Title Name E-mail Phone Fax
Director Bradley L. Hicks bradley.hicks@ic.nc.gov (919) 807-2582 (919) 715-0282

Public Notice

Please click here to read the Public Notice of changes required by N.C. Gen. Stat. § 143-764(a)(5), effective December 31,2017.

Video Overview

Please click here for a Video Overview of the N.C. Employee Classification Section.

News

The Employee Classification Section shares information and otherwise collaborates with other state agencies, including the Departments of Revenue, Labor, and Insurance, and the Division of Employment Security, to identify businesses that improperly classify their employees as independent contractors, a practice that puts workers at risk, puts ethical business at a competitive disadvantage, and deprives the state of significant revenue.