01-2020
Employee Fair Classification Act
The 2017 Session of the North Carolina General Assembly passed Senate Bill 407 (Session Law
2017-203), “Employee Fair Classification Act.”
§143-761. Title. This Article shall be known and may be cited as the "Employee Fair Classification
Act."
§143-765. Occupational licensing boards and commissions; notice requirement; applicant
certification and disclosure.
(a) Every State occupational licensing board or commission that is authorized to issue any
license, permit, or certification shall include on every application for licensure, permit, or certification,
or application for renewal of the same, the following:
(1) Certification by the applicant that the applicant has read and understands the public notice
statement.
(2) Disclosure by the applicant of any investigations for employee misclassification and the result
of the investigations for a time period determined by the occupational licensing board or
commission.
(b) An occupational licensing board or commission shall deny the license, permit, or certification
application of any applicant who fails to comply with the certification and disclosure requirements of
this section.
Public Notice Statement
Required by NC Gen. Stat. §143-764(a)(5), effective December 31, 2017.
Any worker who is defined as an employee by NC Gen. Stat.§§95-25.2(4), NC Department of Labor;
143-762(a)(3), Employee Fair Classification Act; 96-1(b)(10), Employment Security Act; 97-2(2),
Workers Compensation Act; or 105-163.1(4), Withholding; Estimated Income Tax for Individuals;
shall be treated as an employee unless the individual is an independent contractor. Any employee
who believes that the employee has been misclassified as an independent contractor by the
employee’s employer may report the suspected misclassification to the Employee Classification
Section within the North Carolina Industrial Commission.
Employee Classification Section
North Carolina Industrial Commission
1233 Mail Service Center
Raleigh, NC 27699-1233
Telephone: (919) 807-2582
Fax: (919) 715-0282
Email: emp.classification@ic.nc.gov
Employee misclassification is defined as avoiding tax liabilities and other obligations imposed by
Chapter 95, 96, 97, 105, or 143 of the North Carolina General Statutes by misclassifying an
employee as an independent contractor [NC Gen. Stat. §143-762(5)].
I certify that I have read and understand the Public Notice Statement: Y N
I certify that I have not ever been investigated by any agency for employee misclassification: (If you
answer no, attach documents applicable to the investigation(s) with this application.) Y N
Signature Date