§ 95-242. Complaint; investigation; conciliation. - North Carolina Statutes

§ 95‑242.  Complaint;investigation; conciliation.

(a)        An employeeallegedly aggrieved by a violation of G.S. 95‑241 may file a writtencomplaint with the Commissioner of Labor alleging the violation.  The complaintshall be filed within 180 days of the alleged violation.  Within 20 daysfollowing receipt of the complaint, the Commissioner shall forward a copy ofthe complaint to the person alleged to have committed the violation and shallinitiate an investigation.  If the Commissioner determines after theinvestigation that there is not reasonable cause to believe that the allegationis true, the Commissioner shall dismiss the complaint, promptly notify theemployee and the respondent, and issue a right‑to‑sue letter to theemployee that will enable the employee to bring a civil action pursuant to G.S.95‑243.  If the Commissioner determines after investigation that there isreasonable cause to believe that the allegation is true, the Commissioner shallattempt to eliminate the alleged violation by informal methods which mayconsist of conference, conciliation, and persuasion.  The Commissioner shallmake a determination as soon as possible and, in any event, not later than 90days after the filing of the complaint.

(b)        If the Commissioneris unable to resolve the alleged violation through the informal methods, theCommissioner shall notify the parties in writing that conciliation efforts havefailed.  The Commissioner shall then either file a civil action on behalf ofthe employee pursuant to G.S. 95‑243 or issue a right‑to‑sueletter to the employee enabling the employee to bring a civil action pursuantto G.S. 95‑243.

(c)        An employee maymake a written request to the Commissioner for a right‑to‑sueletter after 180 days following the filing of a complaint if the Commissionerhas not issued a notice of conciliation failure and has not commenced an actionpursuant to G.S. 95‑242.

(d)        Nothing said ordone during the use of the informal methods described in subsection (a) of thissection may be made public by the Commissioner or used as evidence in asubsequent proceeding under this Article without the written consent of thepersons concerned.

(e)        The Commissioner'sfiles and the Commissioner's other records relating to investigations andenforcement proceedings pursuant to this Article shall not be subject toinspection and examination as authorized by G.S. 132‑6 while suchinvestigations and proceedings are open or pending in the trial court division.

(f)         In makinginspections and investigations under this Article, the Commissioner or his dulyauthorized agents may, in addition to exercising the authority granted in G.S.95‑4, issue subpoenas to require the attendance and testimony ofwitnesses and the production of evidence under oath.  Witnesses shall be reimbursedfor all travel and other necessary expenses which shall be claimed and paid inaccordance with the prevailing travel reimbursement requirements of the State. In the case of failure or refusal of any person to obey a subpoena under thisArticle, the district court judge or superior court judge of the county inwhich the inspection or investigation is conducted shall, upon the applicationof the Commissioner, have jurisdiction to issue an order requiring compliance. (1991(Reg. Sess., 1992), c. 1021, s. 1; 1993, c. 423, s. 2.)