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 was established through Executive Order No. 83.

Employee and Employer Fairness Initiative

The Employee Classification Section serves as the primary point of contact for employees, businesses and citizens who desire to report suspected instances of misclassification of employees within the State of North Carolina. Upon receiving the complaint for employee misclassification the Director will provide this information to the 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 where each separate agency shall conduct independent investigations to determine whether violations of their operating statutes has occurred. If determined there has been a violation of any operating agency statute, each agency will ensure the necessary enforcement actions under the 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 to each agency where 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

To report Employee Misclassification:

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

Telephone: (919) 807-2582

Fax: (919) 715-0282

Mail:

Employee Classification Section
North Carolina Industrial Commission
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.

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

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.