North Carolina General Statutes Chapter 95 Department of Labor and Labor Regulations

Article 1 - Department of Labor.

N.C. Gen. Stat. § 95-1. Department of Labor established
A Department of Labor is hereby created and established. The duties of said Department shall be exercised and discharged under the supervision and direction...
N.C. Gen. Stat. § 95-2. Election of Commissioner; term; salary; vacancy
The Commissioner of Labor shall be elected by the people in the same manner as is provided for the election of the Secretary of...
N.C. Gen. Stat. § 95-3. Divisions of Department; Commissioner; administrative officers
The Department of Labor shall consist of the following officers, divisions and sections: A Commissioner of Labor. A Division of Standards and Inspections. A...
N.C. Gen. Stat. § 95-4. Authority, powers and duties of Commissioner
The Commissioner of Labor shall be the executive and administrative head of the Department of Labor. In addition to the other powers and duties...
N.C. Gen. Stat. § 95-5. Annual report to Governor; recommendation as to legislation needed
The Commissioner of Labor shall annually, on or before the first day of January, file with the Governor a report covering the activities of...
N.C. Gen. Stat. § 95-6. Statistical report to Governor; publication of information given by employers
It shall be the duty of the Commissioner of Labor to collect in the manner herein provided for, and to assort, systematize, and present...
N.C. Gen. Stat. § 95-7. Power of Commissioner to compel the giving of such information; refusal as contempt
The Commissioner of Labor, or his authorized representative, for the purpose of securing the statistical details referred to in G.S. 95-6, shall have power...
N.C. Gen. Stat. § 95-8. Employers required to make statistical report to Commissioner; refusal as contempt
It shall be the duty of every owner, operator, or manager of every factory, workshop, mill, mine, or other establishment, where labor is employed,...
N.C. Gen. Stat. § 95-9. Employers to post notice of laws
It shall be the duty of every employer to keep posted in a conspicuous place in every room where five or more persons are...
N.C. Gen. Stat. § 95-9.1. Notice of employer's rights during farm inspections
The Department of Labor shall, in consultation with farm organizations and the Department of Agriculture and Consumer Services, prepare a notice to be delivered...
N.C. Gen. Stat. § 95-10. Repealed by Session Laws 1963, c. 313, s. 1
N.C. Gen. Stat. § 95-11. Division of Standards and Inspection
(a) The chief administrative officer of the Division of Standards and Inspection shall be known as the Director of the Division. It shall be...
N.C. Gen. Stat. § 95-12. Division of Statistics
The Division of Statistics shall be in charge of a Chief Statistician. It shall be his duty, under the direction and supervision of the...
N.C. Gen. Stat. § 95-13. Enforcement of rules and regulations
In the event any person, firm or corporation shall, after notice by the Commissioner of Labor, violate any of the rules or regulations promulgated...
N.C. Gen. Stat. § 95-14. Agreements with certain federal agencies for enforcement of Fair Labor Standards Act
The North Carolina State Department of Labor may and it is hereby authorized to enter into agreements with the Wage and Hour Division, and...
N.C. Gen. Stat. § 95-14.1. Repealed by Session Laws 2011-145, s. 12.1, effective July 1, 2011

Article 2 - Maximum Working Hours.

N.C. Gen. Stat. § 95-15 through 95-25. Recodified as �� 95-25.1 to 95-25.25

Article 2A - Wage and Hour Act.

N.C. Gen. Stat. § 95-25.1. Short title and legislative purpose
(a) This Article shall be known and may be cited as the "Wage and Hour Act." (b) The public policy of this State is...
N.C. Gen. Stat. § 95-25.2. Definitions
In this Article, unless the context otherwise requires: (1) "Agriculture" includes farming in all its branches performed by a farmer or on a farm...
N.C. Gen. Stat. § 95-25.3. Minimum wage
(a) Every employer shall pay to each employee who in any workweek performs any work, wages of at least six dollars and fifteen cents...
N.C. Gen. Stat. § 95-25.3A. Repealed by Session Laws 2003-308, s. 8, effective July 1, 2003
N.C. Gen. Stat. § 95-25.4. Overtime
(a) Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time...
N.C. Gen. Stat. § 95-25.5. Youth employment
(a) No youth under 18 years of age shall be employed by any employer in any occupation without a youth employment certificate unless specifically...
N.C. Gen. Stat. § 95-25.6. Wage payment
Every employer shall pay every employee all wages and tips accruing to the employee on the regular payday. Pay periods may be daily, weekly,...
N.C. Gen. Stat. § 95-25.7. Payment to separated employees
Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the...
N.C. Gen. Stat. § 95-25.7A. Wages in dispute
(a) If the amount of wages is in dispute, the employer shall pay the wages, or that part of the wages, which the employer...
N.C. Gen. Stat. § 95-25.8. Withholding of wages
(a) An employer may withhold or divert any portion of an employee's wages when: (1) The employer is required or empowered to do so...
N.C. Gen. Stat. § 95-25.9, 95-25.10. Repealed by Session Laws 2005-453, ss. 17 and 18, effective October 1, 2005
N.C. Gen. Stat. § 95-25.11. Employers' remedies preserved
(a) Repealed by Session Laws 2005-453, s. 19. (b) Nothing in this Article shall preclude an employer from bringing a civil action in the...
N.C. Gen. Stat. § 95-25.12. Vacation pay plans
No employer is required to provide vacation pay plans for employees. However, if an employer provides these promised benefits for employees, the employer shall...
N.C. Gen. Stat. § 95-25.13. Notification, posting, and records
Every employer shall: (1) Notify its employees, orally or in writing at the time of hiring, of the promised wages and the day and...
N.C. Gen. Stat. § 95-25.14. Exemptions
(a) The provisions of G.S. 95-25.3 (Minimum Wage), G.S. 95-25.4 (Overtime), and G.S. 95-25.5 (Youth Employment), and the provisions of G.S. 95-25.15(b) (Record Keeping)...
N.C. Gen. Stat. § 95-25.15. Investigations and inspection of records; notice of law
(a) The Commissioner or his designated representative shall have the power and authority to enter any place of employment and gather such facts as...
N.C. Gen. Stat. § 95-25.16. Enforcement
(a) The Commissioner shall enforce and administer the provisions of this Article, and the Commissioner or his authorized representative is empowered to hold hearings...
N.C. Gen. Stat. § 95-25.17. Wage and Hour Division established
The Commissioner of Labor is charged with enforcement of this Article. The Commissioner shall appoint a Wage and Hour Director and any other employees...
N.C. Gen. Stat. § 95-25.18. Legal representation
It shall be the duty of the Attorney General of North Carolina, when requested, to represent the Department of Labor in actions or proceedings...
N.C. Gen. Stat. § 95-25.19. Rules
The Commissioner may adopt rules needed to implement this Article. (1937, c. 317, s. 18; 1975, c. 413, s. 12; 1979, c. 839, s....
N.C. Gen. Stat. § 95-25.20. Records
Files and other records relating to investigations and enforcement proceedings pursuant to this Article, or pursuant to Article 21 of this Chapter with respect...
N.C. Gen. Stat. § 95-25.21. Illegal acts
(a) It shall be unlawful for any person to interfere unduly with, hinder, or delay the Commissioner or any authorized representative in the performance...
N.C. Gen. Stat. § 95-25.22. Recovery of unpaid wages
(a) Any employer who violates the provisions of G.S. 95-25.3 (Minimum Wage), G.S. 95-25.4 (Overtime), or G.S. 95-25.6 through 95-25.12 (Wage Payment) shall be...
N.C. Gen. Stat. § 95-25.23. Violation of youth employment; civil penalty
(a) Any employer who violates the provisions of G.S. 95-25.5 (Youth Employment) or any regulation issued thereunder, shall be subject to a civil penalty...
N.C. Gen. Stat. § 95-25.23A. Violation of record-keeping requirement; civil penalty
(a) Any employer who violates the provisions of G.S. 95-25.15(b) or any regulation issued pursuant to G.S. 95-25.15(b), shall be subject to a civil...
N.C. Gen. Stat. § 95-25.23B. Civil penalty collection
The Commissioner may file in the office of the clerk of the superior court of any county a certified copy of an assessment, either...
N.C. Gen. Stat. § 95-25.23C. Report on youth employment enforcement activities
(a) Findings. - The General Assembly finds that: (1) There is an increasing need to protect the educational opportunities of youths under age 18...
N.C. Gen. Stat. § 95-25.24. Restraint of violations
The General Court of Justice has jurisdiction and authority upon application of the Commissioner to enjoin or restrain violations of this Article, including the...
N.C. Gen. Stat. § 95-25.25. Construction of Article and severability
This Article shall receive a liberal construction to the end that the welfare of adult and minor workers may be protected. If any provisions...

Article 3 - Various Regulations.

N.C. Gen. Stat. § 95-26. Repealed by Session Laws 1971, c. 56
N.C. Gen. Stat. § 95-27. Repealed by Session Laws 1973, c. 660, s. 3
N.C. Gen. Stat. § 95-28. Repealed by Session Laws 1997-443, s. 19.14
N.C. Gen. Stat. § 95-28.1. Discrimination against any person possessing sickle cell trait or hemoglobin C trait prohibited
No person, firm, corporation, unincorporated association, State agency, unit of local government or any public or private entity shall deny or refuse employment to...
N.C. Gen. Stat. § 95-28.1A. Discrimination against persons based on genetic testing or genetic information prohibited
(a) No person, firm, corporation, unincorporated association, State agency, unit of local government, or any public or private entity shall deny or refuse employment...
N.C. Gen. Stat. § 95-28.2. Discrimination against persons for lawful use of lawful products during nonworking hours prohibited
(a) As used in this section, "employer" means the State and all political subdivisions of the State, public and quasi-public corporations, boards, bureaus, commissions,...
N.C. Gen. Stat. § 95-28.3. Leave for parent involvement in schools
(a) It is the belief of the General Assembly that parent involvement is an essential component of school success and positive student outcomes. Therefore,...
N.C. Gen. Stat. § 95-28.4. Veterans preference
A private, nonpublic employer in the State may provide a preference to a veteran for employment. Spouses of honorably discharged veterans who have a...
N.C. Gen. Stat. § 95-29. Repealed by Session Laws 1973, c. 660, s. 4
N.C. Gen. Stat. § 95-30. Repealed by Session Laws 1971, c. 240
N.C. Gen. Stat. § 95-31. Acceptance by employer of assignment of wages
No employer of labor shall be responsible for any assignment of wages to be earned in the future, executed by an employee, unless and...

Article 4 - Conciliation Service and Mediation of Labor Disputes.

N.C. Gen. Stat. § 95-32. Declaration of policy
It is hereby declared as the public policy of this State that the best interests of the people of the State are served by...
N.C. Gen. Stat. § 95-33. Scope of Article
The provisions of this Article shall apply to all labor disputes in North Carolina. (1941, c. 362, s. 2.)
N.C. Gen. Stat. § 95-34. Administration of Article
The administration of this Article shall be under the general supervision of the Commissioner of Labor of North Carolina. (1941, c. 362, s. 3.)
N.C. Gen. Stat. § 95-35. Conciliation service established; personnel; removal; compensation
There is hereby established in the Department of Labor a conciliation service. The Commissioner of Labor may appoint such employees as may be required...
N.C. Gen. Stat. § 95-36. Powers and duties of Commissioner and conciliator
Upon his own motion in an existent or imminent labor dispute, the Commissioner of Labor may, and, upon the direction of the Governor, must...

Article 4A - Voluntary Arbitration of Labor Disputes.

N.C. Gen. Stat. § 95-36.1. Declaration of policy
It is hereby declared as the public policy of this State that the best interests of the people of the State are served by...
N.C. Gen. Stat. § 95-36.2. Scope of Article
The provisions of this Article shall apply only to voluntary agreements to arbitrate labor disputes including, but not restricted to, all controversies between employers,...
N.C. Gen. Stat. § 95-36.3. Administration of Article
(a) The administration of this Article shall be under the general supervision of the Commissioner of Labor of North Carolina. (b) There is hereby...
N.C. Gen. Stat. § 95-36.4. Voluntary arbitrators
(a) It shall be the duty of the Commissioner of Labor to maintain a list of qualified and public-spirited citizens who will serve as...
N.C. Gen. Stat. § 95-36.5. Fees and expenses
(a) All the costs of any arbitration proceeding under this Article, including the fees and expenses of the arbitrator or arbitration panel, shall be...
N.C. Gen. Stat. § 95-36.6. Appointment of arbitrators
The parties may by agreement determine the method of appointment of the arbitrator or arbitration panel. If the parties have agreed upon arbitration under...
N.C. Gen. Stat. § 95-36.7. Arbitration procedure
Upon the selection or appointment of an arbitrator or arbitration panel in any labor dispute, a statement of the issues or questions in dispute...
N.C. Gen. Stat. § 95-36.8. Enforcement of arbitration agreement and award
(a) Written agreements to arbitrate labor disputes, including but not restricted to controversies relating to wages, hours and other conditions of employment, shall be...
N.C. Gen. Stat. § 95-36.9. Stay of proceedings
(a) If any action or proceeding be brought in any court upon any issue referable to arbitration under an agreement described in subsection (a)...

Article 5 - Regulation of Employment Agencies.

N.C. Gen. Stat. § 95-37 through 95-47. Recodified as �� 95-47.1 to 95-47.13

Article 5A - Regulation of Private Personnel Services.

N.C. Gen. Stat. § 95-47.1. Definitions
As used in this Article, unless the context clearly requires otherwise: (1) "Accept" employment means to accept an employer's offer of employment or to...
N.C. Gen. Stat. § 95-47.2. Licensing procedures
(a) No person shall open, keep, maintain, own, operate or carry on a private personnel service unless the person has first procured a license...
N.C. Gen. Stat. § 95-47.3. Fees and contracts; filing with Commissioner
(a) Every license applicant shall file with the Commissioner a schedule of fees or charges made by the private personnel service to applicants for...
N.C. Gen. Stat. § 95-47.3A. Fee reimbursement from employers due to overstated earnings expectations
(a) An applicant who accepts employment that is compensated in whole or in part on a commission basis, and who pays a fee to...
N.C. Gen. Stat. § 95-47.4. Contracts; contents; approval; tying contracts forbidden
(a) A contract between a private personnel service and an applicant shall be in writing, labeled as a contract, physically separate from any application...
N.C. Gen. Stat. § 95-47.5. Records
Every private personnel service shall maintain for a period of two years, the following records: (1) Job orders or job specifications. (2) Executed applicant...
N.C. Gen. Stat. § 95-47.6. Prohibited acts
A private personnel service shall not engage in any of the following activities or conduct: (1) Induce or attempt to induce any employee placed...
N.C. Gen. Stat. § 95-47.7. Repealed by Session Laws 2003-308, s. 10, effective July 1, 2003
N.C. Gen. Stat. § 95-47.8. Repealed by Session Laws 2003-308, s. 11, effective July 1, 2003
N.C. Gen. Stat. § 95-47.9. Enforcement of Article; rules; hearing; penalty; criminal penalties
(a) This Article shall be enforced by the Commissioner. The Commissioner or any duly authorized agent, deputies or assistants designated by the Commissioner, may...
N.C. Gen. Stat. § 95-47.10. Power of Commissioner to seek injunction
The Commissioner may apply to courts having jurisdiction for injunctions to prevent violations of this Chapter or of rules issued pursuant thereto, and such...
N.C. Gen. Stat. § 95-47.11. Government employment agencies unaffected
This Article shall not in any manner affect or apply to the State of North Carolina, the government of the United States, or to...
N.C. Gen. Stat. § 95-47.12. License taxes placed upon agencies not affected
This Article is not intended to conflict with or affect any license tax placed upon private personnel services by the revenue laws of North...
N.C. Gen. Stat. § 95-47.13. Severability
If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other...
N.C. Gen. Stat. § 95-47.14. Notification requirement
Any temporary help service as described in G.S. 95-47.1(16)c. that operates in North Carolina shall notify the Department of Labor in writing that the...
N.C. Gen. Stat. § 95-47.15. Certification requirement
Any employer fee paid personnel consulting service or temporary help service, as the two terms are described in G.S. 95-47.1(16)f., that operates in North...
N.C. Gen. Stat. § 95-47.16 through 95-47.18. Reserved for future codification purposes

Article 5B - Regulation of Job Listing Services.

N.C. Gen. Stat. § 95-47.19. Definitions
Definitions of terms used in this Article shall be the same as in Chapter 95, Article 5A (Regulation of Private Personnel Services), with the...
N.C. Gen. Stat. § 95-47.20. License required
No person shall operate a job listing service in North Carolina without first obtaining a license from the Commissioner. A job listing service shall...
N.C. Gen. Stat. § 95-47.21. Violation of this Article; criminal and civil penalty
Any person who violates the provisions of this Article by operating a job listing service without a valid license from the Commissioner shall be...
N.C. Gen. Stat. § 95-47.22. Licensing procedure
(a) In addition to the requirements of subsection (b) of this section, the procedure, under rules adopted pursuant to this Article, for the issuance,...
N.C. Gen. Stat. § 95-47.23. Enforcement
Under regulations adopted pursuant to this Article, a job listing service may be issued a warning, citation or notice of violation, or may have...
N.C. Gen. Stat. § 95-47.24. Certain practices prohibited
Under regulations adopted pursuant to this Article, a job listing service shall abide by provisions substantially the same as those provided under G.S. 95-47.6(7)...
N.C. Gen. Stat. § 95-47.25. Contracts; contents; approval
A contract between a job listing service and an applicant shall be in writing, labeled as a contract, physically separate from any application form...
N.C. Gen. Stat. § 95-47.26. Advertising and publication
(a) In conducting any form of advertising, a job listing service shall identify itself by its business name and identify itself as a job...
N.C. Gen. Stat. § 95-47.27. Fee receipts
A job listing service shall give every applicant from whom payment is received a receipt stating the name and address of the job listing...
N.C. Gen. Stat. § 95-47.28. Prohibited job listings
A job listing service shall not publish information about a position of employment with an employer that the job listing service knows or has...
N.C. Gen. Stat. § 95-47.29. Records of the job listing service
Each job listing service shall maintain and make available for inspection by the Commissioner the following records of the operation of the job listing...
N.C. Gen. Stat. § 95-47.30. Administration of this Article
This Article shall be enforced under the general supervision of the Commissioner, who shall have the same powers and duties in the enforcement of...
N.C. Gen. Stat. § 95-47.31. Review of job listing services
After the Commissioner receives written statements from two or more applicants complaining that the applicant failed to obtain employment as a result of the...
N.C. Gen. Stat. § 95-47.32. Severability
If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other...

Article 6 - Separate Toilets for Sexes.

N.C. Gen. Stat. § 95-48 through 95-53. Repealed by Session Laws 1993, c. 204, s. 1

Article 7 - Board of Boiler Rules and Bureau of Boiler Inspection.

N.C. Gen. Stat. § 95-54 through 95-69.7. Repealed by Session Laws 1981 (Regular Session, 1982), c. 1187, s. 1

Article 7A - Uniform Boiler and Pressure Vessel Act.

N.C. Gen. Stat. § 95-69.8. Short title
This Article shall be known as the Uniform Boiler and Pressure Vessel Act of North Carolina. (1975, c. 895, s. 1.)
N.C. Gen. Stat. § 95-69.9. Definitions
(a) The term "board" shall mean the North Carolina Board of Boiler and Pressure Vessel Rules. (b) The term "boiler" shall mean a closed...
N.C. Gen. Stat. § 95-69.10. Application of Article; exemptions
(a) This Article shall apply to all boilers and pressure vessels constructed, used, or designed for operation in this State including all new and...
N.C. Gen. Stat. § 95-69.11. Powers and duties of Commissioner
The Commissioner of Labor is hereby charged, directed, and empowered: (1) To adopt, modify, or revoke rules governing the construction, operation, and use of...
N.C. Gen. Stat. § 95-69.12. Boiler Safety Bureau established
There is established a Boiler Safety Bureau within the Department of Labor. The Commissioner shall appoint a Chief Inspector of the Boiler Safety Bureau...
N.C. Gen. Stat. § 95-69.13. Board of Boiler and Pressure Vessels Rules created; appointment, terms, compensation and duties
(a) There is hereby created the North Carolina Board of Boiler and Pressure Vessels Rules consisting of nine members appointed by the Commissioner for...
N.C. Gen. Stat. § 95-69.14. Rules and regulations governing the construction, operation and use of boilers and pressure vessels
The Commissioner, after consultation with the Board, may adopt, modify, or revoke any rules and regulations governing the construction, installation, repair, alteration, inspection, use,...
N.C. Gen. Stat. § 95-69.15. Classification of inspectors; qualifications; examinations; inspector's commission
(a) There shall be three types of inspectors authorized to conduct inspections and report their findings to the Chief Inspector under this Article: (1)...
N.C. Gen. Stat. § 95-69.16. Inspection certificate required
All boilers and pressure vessels subject to the provisions of this Article shall be inspected by a commissioned inspector. The Commissioner may determine both...
N.C. Gen. Stat. § 95-69.17. Noncomplying devices; appeal
(a) If the Commissioner determines that a boiler or pressure vessel is subject to the provisions of this Article and that the operation of...
N.C. Gen. Stat. § 95-69.18. Operation without inspection certificate; operation not in compliance with this Article; operation after nonissuance or revocation of certificate
(a) No person may operate or permit to be operated any boiler or pressure vessel subject to the provisions of this Article without a...
N.C. Gen. Stat. § 95-69.19. Violations; civil penalties; appeals
(a) Any person who violates G.S. 95-69.18(a) or (b) (operation without inspection certificate; operation not in accordance with Article or rules and regulations) shall...
N.C. Gen. Stat. § 95-69.20. Violations; criminal penalties
(a) Any person who knowingly and willfully misrepresents himself as an authorized inspector administering or enforcing the provisions of this Article or the rules...
N.C. Gen. Stat. § 95-69.21. Reserved for future codification purposes
N.C. Gen. Stat. § 95-69.22. Reserved for future codification purposes
N.C. Gen. Stat. § 95-69.23. Reserved for future codification purposes
N.C. Gen. Stat. § 95-69.24. Reserved for future codification purposes
N.C. Gen. Stat. § 95-69.25. Reserved for future codification purposes
N.C. Gen. Stat. § 95-69.26. Reserved for future codification purposes
N.C. Gen. Stat. § 95-69.27. Reserved for future codification purposes
N.C. Gen. Stat. § 95-69.28. Reserved for future codification purposes
N.C. Gen. Stat. § 95-69.29. Reserved for future codification purposes

Article 7B - Historical Boilers.

N.C. Gen. Stat. § 95-69.30. Safety Program for Operators and Apprentices
The Department of Labor shall create and conduct a safety program for the purpose of providing instruction on how to properly care, maintain, operate,...

Article 8 - Bureau of Labor for the Deaf.

N.C. Gen. Stat. § 95-70 through 95-72. Repealed by Session Laws 1975, c. 412, s. 1

Article 9 - Earnings of Employees in Interstate Commerce.

N.C. Gen. Stat. § 95-73. Collections out of State to avoid exemptions forbidden
No resident creditor or other holder of any book account, negotiable instrument, duebill or other monetary demand arising out of contract, due by or...
N.C. Gen. Stat. § 95-74. Resident not to abet collection out of State
No person residing or sojourning in this State shall counsel, aid, or abet any violation of the provisions of G.S. 95-73. (1909, c. 504,...
N.C. Gen. Stat. § 95-75. Remedies for violation of � 95-73 or 95-74; damages; indictment
Any person violating any provisions of G.S. 95-73 or 95-74 shall be answerable in damages to any debtor from whom any book account, negotiable...
N.C. Gen. Stat. § 95-76. Institution of foreign suit, etc., evidence of intent to violate
In any civil or criminal action instituted in any court of competent jurisdiction in this State for any violation of the provisions of G.S....
N.C. Gen. Stat. § 95-77. Construction of Article
No provision of this Article shall be so construed as to deprive any person entitled to its benefits of any legal or equitable remedy...

Article 10 - Declaration of Policy as to Labor Organizations.

N.C. Gen. Stat. § 95-78. Declaration of public policy
The right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue...
N.C. Gen. Stat. § 95-79. Certain agreements declared illegal
(a) Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization...
N.C. Gen. Stat. § 95-80. Membership in labor organization as condition of employment prohibited
No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition...
N.C. Gen. Stat. § 95-81. Nonmembership as condition of employment prohibited
No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition...
N.C. Gen. Stat. § 95-82. Payment of dues as condition of employment prohibited
No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of...
N.C. Gen. Stat. § 95-83. Recovery of damages by persons denied employment
Any person who may be denied employment or be deprived of continuation of his employment in violation of G.S. 95-80, 95-81 and 95-82 or...
N.C. Gen. Stat. § 95-84. Application of Article
The provisions of this Article shall not apply to any lawful contract in force on the effective date hereof but they shall apply in...

Article 11 - Minimum Wage Act.

N.C. Gen. Stat. § 95-85 through 95-96. Repealed by Session Laws 1979, c. 839, s. 2

Article 12 - Units of Government and Labor Unions, Trade Unions, and Labor Organizations, and Public Employee Strikes.

N.C. Gen. Stat. § 95-97. Repealed by Session Laws 1998-217, s. 26
N.C. Gen. Stat. § 95-98. Contracts between units of government and labor unions, trade unions or labor organizations concerning public employees declared to be illegal
Any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof,...
N.C. Gen. Stat. § 95-98.1. Strikes by public employees prohibited
Strikes by public employees are hereby declared illegal and against the public policy of this State. No person holding a position either full-or part-time...
N.C. Gen. Stat. § 95-98.2. Strike defined
The word "strike" as used herein shall mean a cessation or deliberate slowing down of work by a combination of persons as a means...
N.C. Gen. Stat. § 95-99. Penalty for violation of Article
Any violation of the provisions of this Article is hereby declared to be a Class 1 misdemeanor. (1959, c. 742; 1993, c. 539, s....
N.C. Gen. Stat. § 95-100. No provisions of Article 10 of Chapter 95 applicable to units of government or their employees
The provisions of Article 10 of Chapter 95 of the General Statutes shall not apply to the State of North Carolina or any agency,...

Article 13 - Payments to or for Benefit of Labor Organizations.

N.C. Gen. Stat. § 95-101. Definition
As used in this Article, the term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan,...
N.C. Gen. Stat. § 95-102. Certain payments to and agreements to pay labor organizations unlawful
It shall be unlawful for any carrier or shipper of property or any association of such carriers or shippers to agree to pay, or...
N.C. Gen. Stat. § 95-103. Acceptance of such payments unlawful
It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such...
N.C. Gen. Stat. § 95-104. Penalty
Any person, firm, corporation, association or partnership which or who agrees to pay, or does pay, or agrees to receive, or does receive, any...

Article 14 - Inspection Service Fees.

N.C. Gen. Stat. § 95-105. Repealed upon adoption of rule pursuant to G.S. 95-100.5(20), effective July 1, 2003
N.C. Gen. Stat. § 95-106. Repealed upon adoption of rule pursuant to G.S. 95-100.5(20), effective July 1, 2003
N.C. Gen. Stat. § 95-107. Assessment and collection of fees; certificates of safe operation
The assessment of the fees adopted by the Commissioner pursuant to G.S. 95-69.11, 95-110.5, 95-111.4 and 95-120 shall be made against the owner or...
N.C. Gen. Stat. § 95-108. Disposition of fees
All fees collected by the Department of Labor pursuant to G.S. 95-69.11, 95-110.5, 95-111.4 and 95-120 shall be deposited with the State Treasurer and...
N.C. Gen. Stat. § 95-109. Repealed by Session Laws 1985 (Reg. Sess., 1986), c. 990, s. 3
N.C. Gen. Stat. § 95-110. Reserved for future codification purposes

Article 14A - Elevator Safety Act of North Carolina.

N.C. Gen. Stat. § 95-110.1. Short title and legislative purpose
(a) This Article shall be known as the Elevator Safety Act of North Carolina. (b) The General Assembly finds that the use of unsafe...
N.C. Gen. Stat. § 95-110.2. Scope
This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation of accidents involving: (1)...
N.C. Gen. Stat. § 95-110.3. Definitions
(a) The term "Commissioner" shall mean the North Carolina Commissioner of Labor or his authorized representative. (b) The term "Director" shall mean the Director...
N.C. Gen. Stat. § 95-110.4. Elevator and Amusement Device Division established
There is hereby created an Elevator and Amusement Device Division within the Department of Labor. The Commissioner shall appoint a director of the Elevator...
N.C. Gen. Stat. § 95-110.5. Powers and duties of Commissioner
The Commissioner of Labor is hereby empowered: (1) To delegate to the Director of the Elevator and Amusement Device Division such powers, duties and...
N.C. Gen. Stat. § 95-110.6. Noncomplying devices and equipment; appeal
(a) Whenever the Commissioner determines that a device or equipment is subject to the provisions of this Article, and that the operation of such...
N.C. Gen. Stat. § 95-110.7. Operation without certificate; operation not in accordance with Article or rules and regulations; operation after refusal to issue or after revocation of certificate
(a) No person shall operate or permit to be operated or use any device or equipment subject to the provisions of this Article without...
N.C. Gen. Stat. § 95-110.8. Operation of unsafe device or equipment
No person shall operate, permit to be operated or use any device or equipment subject to the provisions of this Article if such person...
N.C. Gen. Stat. § 95-110.9. Reports required
(a) The owner of any device or equipment regulated under the provisions of this Article, or his authorized agent, shall within 24 hours notify...
N.C. Gen. Stat. § 95-110.10. Violations; civil penalties; appeals
(a) Any person who violates G.S. 95-110.7(a) or (b) (Operation without certificate; operation not in accordance with Article or rules and regulations) shall be...
N.C. Gen. Stat. § 95-110.11. Violations; criminal penalties
(a) Any person who violates G.S. 95-110.8 (Operation of unsafe device or equipment) shall be guilty of a Class 2 misdemeanor. (b) Any person...
N.C. Gen. Stat. § 95-110.12. Legal representation
It shall be the duty of the Attorney General of North Carolina, when requested, to represent the Department of Labor in actions or proceedings...
N.C. Gen. Stat. § 95-110.13. Authorization for similar safety and health federal-State programs
Consistent with the requirements and conditions provided in this Article and the rules and regulations promulgated thereunder, the State, upon recommendation of the Commissioner...
N.C. Gen. Stat. § 95-110.14. Confidentiality of trade secrets
All information reported to or otherwise obtained by the Commissioner or his agents or representatives in connection with any inspection or proceeding under this...
N.C. Gen. Stat. § 95-110.15. Construction of Article and rules and regulations and severability
This Article and the rules and regulations promulgated thereunder shall receive a liberal construction to the end that the welfare of the people may...
N.C. Gen. Stat. § 95-111. Reserved for future codification purposes

Article 14B - Amusement Device Safety Act of North Carolina.

N.C. Gen. Stat. § 95-111.1. Short title and legislative purpose
(a) This Article shall be known as the "Amusement Device Safety Act of North Carolina". (b) The General Assembly finds that although most amusement...
N.C. Gen. Stat. § 95-111.2. Scope
(a) This Article shall govern the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration, relocation and investigation of accidents involving...
N.C. Gen. Stat. § 95-111.3. Definitions
(a) The term "amusement device" shall mean any mechanical or structural device or attraction that carries or conveys or permits persons to walk along,...
N.C. Gen. Stat. § 95-111.4. Powers and duties of Commissioner
The Commissioner of Labor is hereby empowered: (1) To delegate to the Director of the Elevator and Amusement Device Division such powers, duties and...
N.C. Gen. Stat. § 95-111.5. Pre-opening inspection and test; records; revocation of certificate of operation
(a) An owner of a device subject to the provisions of this Article, or his authorized agent, is hereby required to make a pre-opening...
N.C. Gen. Stat. § 95-111.6. Noncomplying devices; appeal
(a) Whenever the Commissioner determines that a device is subject to the provisions of this Article and the operation of such device is exposing...
N.C. Gen. Stat. § 95-111.7. Operation without certificate; operation not in accordance with Article or rules and regulations; operation after refusal to issue or after revocation of certificate
(a) No person shall operate or permit to be operated or use any device subject to the provisions of this Article without a valid...
N.C. Gen. Stat. § 95-111.8. Location notice
No person shall operate for the public or permit the operation for the public any device subject to the provisions of this Article after...
N.C. Gen. Stat. § 95-111.9. Operation of unsafe device
No person shall operate, permit to be operated or use any device subject to the provisions of this Article if such person knows or...
N.C. Gen. Stat. § 95-111.10. Reports required
(a) The owner of any device regulated under the provisions of this Article, or his authorized agent, shall within 24 hours, notify the Commissioner...
N.C. Gen. Stat. § 95-111.11. Operators
(a) Any operator of a device subject to the provisions of this Article shall be at least 18 years of age. An operator shall...
N.C. Gen. Stat. § 95-111.12. Liability insurance
(a) No owner shall operate a device subject to the provisions of this Article, unless at the time, there is in existence a contract...
N.C. Gen. Stat. § 95-111.13. Violations; civil penalties; appeal; criminal penalties
(a) Any person who violates G.S. 95-111.7(a) or (b) (Operation without certificate; operation not in accordance with Article or rules and regulations) shall be...
N.C. Gen. Stat. § 95-111.14. Denial of permission to enter amusement device
The owner or amusement device operator may deny any person entrance to an amusement device if he or she believes such entry may jeopardize...
N.C. Gen. Stat. § 95-111.15. Legal representation
It shall be the duty of the Attorney General of North Carolina, when requested, to represent the Department of Labor in actions or proceedings...
N.C. Gen. Stat. § 95-111.16. Authorization for similar safety and health federal-State programs
Consistent with the requirements and conditions provided in this Article and the rules and regulations promulgated thereunder, the State, upon recommendation of the Commissioner...
N.C. Gen. Stat. § 95-111.17. Confidentiality of trade secrets
All information reported to or otherwise obtained by the Commissioner or his agents or representatives in connection with any inspection or proceeding under this...
N.C. Gen. Stat. § 95-111.18. Construction of Article and rules and regulations and severability
This Article and the rules and regulations promulgated thereunder shall receive a liberal construction to the end that the welfare of the people may...
N.C. Gen. Stat. § 95-112 through 95-115. Reserved for future codification purposes

Article 15 - Passenger Tramway Safety.

N.C. Gen. Stat. § 95-116. Declaration of policy
In order to safeguard life, health, property, and the welfare of this State, it shall be the policy of the State of North Carolina...
N.C. Gen. Stat. § 95-117. Definitions
Each word or term defined in this Article has the meaning indicated in this section, unless a different meaning is plainly required by the...
N.C. Gen. Stat. § 95-118. Registration required; application procedures
(a) No person shall operate or permit to be operated or use any device subject to the provisions of this Article without a valid...
N.C. Gen. Stat. § 95-119. Certification criteria; procedures; display of certificate
(a) A registration certificate shall be issued annually when the Commissioner is satisfied that the facts stated in the application are sufficient to enable...
N.C. Gen. Stat. § 95-120. Powers and duties of the Commissioner
In addition to all other powers and duties conferred and imposed upon the Commissioner by this Article, the Commissioner shall have and exercise the...
N.C. Gen. Stat. § 95-120.1. Liability insurance
(a) No person shall operate a device subject to the provisions of this Article, unless at the time of operation, there is in existence:...
N.C. Gen. Stat. § 95-121. Inspections and reports
The Commissioner may cause to be made such inspections of the construction, operation, and maintenance of passenger tramways as he shall deem to be...
N.C. Gen. Stat. § 95-122. Emergency shutdown
When facts are presented to the Commissioner tending to show that an unreasonable hazard exists in the continued operation of a passenger tramway, and...
N.C. Gen. Stat. § 95-123. Orders
If, after investigation, the Commissioner finds that a violation of any of his rules and regulations exists, or that there is a condition in...
N.C. Gen. Stat. § 95-124. Suspension of registration
If any operator fails to comply with the lawful order of the Commissioner as issued under this Article, and within the time fixed thereby,...
N.C. Gen. Stat. § 95-125. Effective date of initial applications
This Article shall take effect and become operative on July 30, 1969, provided that the initial applications for registration of passenger tramways shall be...

Article 16 - Occupational Safety and Health Act of North Carolina.

N.C. Gen. Stat. § 95-126. Short title and legislative purpose
(a) This Article shall be known as the "Occupational Safety and Health Act of North Carolina" and also may be referred to by abbreviations...
N.C. Gen. Stat. § 95-127. Definitions
In this Article, unless the context otherwise requires: (1) The term "Advisory Council" shall mean the Advisory Council or body established under this Article....
N.C. Gen. Stat. § 95-128. Coverage
The provisions of this Article or any standard or regulation promulgated pursuant to this Article shall apply to all employers and employees except: (1)...
N.C. Gen. Stat. § 95-129. Rights and duties of employers
Rights and duties of employers shall include but are not limited to the following provisions: (1) Each employer shall furnish to each of his...
N.C. Gen. Stat. § 95-130. Rights and duties of employees
Rights and duties of employees shall include but are not limited to the following provisions: (1) Employees shall comply with occupational safety and health...
N.C. Gen. Stat. § 95-131. Development and promulgation of standards; adoption of federal standards and regulations
(a) All occupational safety and health standards promulgated under the federal act by the Secretary, and any modifications, revision, amendments or revocations in accordance...
N.C. Gen. Stat. § 95-132. Variances
(a) Temporary Variances. - (1) The Commissioner may upon written application by an employer issue an order granting such employer a temporary variance from...
N.C. Gen. Stat. § 95-133. Office of Director of Occupational Safety and Health; powers and duties of the Director
(a) There is hereby created and established in the North Carolina Department of Labor a division to be known as the Occupational Safety and...
N.C. Gen. Stat. § 95-134. Advisory Council
(a) There is hereby established a State Advisory Council on Occupational Safety and Health consisting of 11 members, appointed by the Commissioner, composed of...
N.C. Gen. Stat. § 95-135. North Carolina Occupational Safety and Health Review Commission
(a) The North Carolina Occupational Safety and Health Review Commission is hereby established. The Commission shall be composed of three members from among persons...
N.C. Gen. Stat. § 95-136. Inspections
(a) In order to carry out the purposes of this Article, the Commissioner or Director, or their duly authorized agents, upon presenting appropriate credentials...
N.C. Gen. Stat. § 95-136.1. Special emphasis inspection program
(a) As used in this section, a "special emphasis inspection" is an inspection by the Department's occupational safety and health division that is scheduled...
N.C. Gen. Stat. § 95-137. Issuance of citations
(a) If, upon inspection or investigation, the Director or his authorized representative has reasonable grounds to believe that an employer has not fulfilled his...
N.C. Gen. Stat. § 95-138. Civil penalties
(a) The Commissioner, upon recommendation of the Director, or the North Carolina Occupational Safety and Health Review Commission in the case of an appeal,...
N.C. Gen. Stat. § 95-139. Criminal penalties
(a) Any employer who willfully violates any standard, rule, regulation or order promulgated pursuant to the authority of this Article, and the violation causes...
N.C. Gen. Stat. § 95-140. Procedures to counteract imminent dangers
(a) The superior courts of this State shall have jurisdiction, upon petition of the Commissioner, to restrain any conditions or practices in any place...
N.C. Gen. Stat. § 95-141. Judicial review
Any person or party in interest who has exhausted all administrative remedies available under this Article and who is aggrieved by a final decision...
N.C. Gen. Stat. § 95-142. Legal representation of the Department of Labor
It shall be the duty of the Attorney General to represent the Department of Labor or designate some member of his staff to represent...
N.C. Gen. Stat. § 95-143. Record keeping and reporting
(a) Each employer shall make available to the Commissioner, or his agents, in such manner as the Commissioner shall require, copies of the same...
N.C. Gen. Stat. § 95-144. Statistics
(a) In order to further the purposes of this Article, the Commissioner shall develop and maintain an effective program of collection, compilation, and analysis...
N.C. Gen. Stat. § 95-145. Reports to the Secretary
(a) The Commissioner shall require employers in the State to make reports to the Secretary in the same manner and to the same extent...
N.C. Gen. Stat. § 95-146. Continuation and effectiveness of this Article
The Commissioner shall from time to time furnish to the Secretary information and assurances that this Article is being administered by adequate methods and...
N.C. Gen. Stat. § 95-147. Training and employee education
(a) The Commissioner, after consultation with appropriate departments and agencies of the State and subdivisions of government, shall conduct, directly or by grants or...
N.C. Gen. Stat. § 95-148. Safety and health programs of State agencies and local governments
It shall be the responsibility of each administrative department, commission, board, division or other agency of the State and of counties, cities, towns and...
N.C. Gen. Stat. § 95-149. Authority to enter into contracts with other State agencies and subdivisions of government
The Commissioner may enter into contracts with the Department of Health and Human Services or any other State officer or State agency or State...
N.C. Gen. Stat. § 95-150. Assurance of adequate funds to enforce Article
The Commissioner shall submit to the General Assembly a budget and request for appropriations to adequately administer this Article which shall be sufficient to...
N.C. Gen. Stat. § 95-151. Discrimination
No employer, employee, or any other person related to the administration of this Article shall be discriminated against in any work, procedure, or employment...
N.C. Gen. Stat. § 95-152. Confidentiality of trade secrets
All information reported to or otherwise obtained by the Commissioner or his agents or representatives in connection with any inspection or proceeding under this...
N.C. Gen. Stat. § 95-153. Reserved for future codification purposes
N.C. Gen. Stat. § 95-154. Authorization for similar safety and health federal-state programs
Consistent with the requirements and conditions provided in this Article the State, upon the recommendation of the Commissioner of Labor and approval of the...
N.C. Gen. Stat. § 95-155. Construction of Article and severability
This Article shall receive a liberal construction to the end that the safety and health of the employees of the State may be effectuated...
N.C. Gen. Stat. § 95-156 through 95-160. Reserved for future codification purposes

Article 17 - The Uniform Wage Payment Law of North Carolina.

N.C. Gen. Stat. § 95-161 through 95-172. Repealed by Session Laws 1979, c. 839, s. 2

Article 18 - Identification of Toxic or Hazardous Substances.

N.C. Gen. Stat. § 95-173. Short title
This Article shall be cited as the Hazardous Chemicals Right to Know Act. (1985, c. 775, s. 1.)
N.C. Gen. Stat. § 95-174. Definitions
(a) "Chemical manufacturer" shall mean a manufacturing facility classified in Standard Industrial Classification (SIC) Codes 20 through 39 where chemicals are produced for use...
N.C. Gen. Stat. § 95-175 through 95-190. Reserved for future codification purposes
N.C. Gen. Stat. § 95-191. Hazardous Substance List
(a) All employers who manufacture, process, use, store, or produce hazardous chemicals, shall compile and maintain a Hazardous Substance List which shall contain the...
N.C. Gen. Stat. § 95-192. Material safety data sheets
(a) Chemical manufacturers and distributors shall provide material safety data sheets (MSDS's) to manufacturing and nonmanufacturing purchasers of hazardous chemicals in North Carolina for...
N.C. Gen. Stat. § 95-193. Labels
Existing labels on incoming containers of hazardous chemicals shall not be removed or defaced. All containers of hazardous substances must be clearly designated as...
N.C. Gen. Stat. § 95-194. Emergency information
(a) An employer who normally stores at a facility any hazardous chemical in an amount of at least 55 gallons or 500 pounds, whichever...
N.C. Gen. Stat. § 95-195. Complaints, investigations, penalties
(a) Complaints of violations of this Part shall be filed in writing with the Commissioner of Labor. Such complaints received in writing from any...
N.C. Gen. Stat. § 95-196. Employee rights
No employer shall discharge, or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee at the facility because...
N.C. Gen. Stat. § 95-197. Withholding hazardous substance trade secret information
(a) An employer who believes that all or any part of the information required under G.S. 95-191, 95-192, 95-194(b) or 95-194(d) is a hazardous...
N.C. Gen. Stat. § 95-198. Medical emergency and nonemergency situations
(a) Where a treating health care provider determines that a medical emergency exists and the specific chemical identity of a hazardous chemical is necessary...
N.C. Gen. Stat. § 95-199 through 95-207. Reserved for future codification purposes
N.C. Gen. Stat. § 95-208. Community information on hazardous chemicals
(a) Any person in North Carolina may request in writing from the employer a list of chemicals used or stored at the facility. The...
N.C. Gen. Stat. § 95-209 through 95-215. Reserved for future codification purposes
N.C. Gen. Stat. § 95-216. Exemptions
Notwithstanding any language to the contrary, the provisions of this Article shall not apply to chemicals in or on the following: (1) Hazardous substances...
N.C. Gen. Stat. § 95-217. Preemption of local regulations
It is the intent of the General Assembly to prescribe this uniform system for the disclosure of information regarding the use or storage of...
N.C. Gen. Stat. § 95-218. Severability
The provisions of this Article are severable, and if any phrase, clause, sentence, or provision of this Article, or the application of any such...
N.C. Gen. Stat. § 95-219. Reserved for future codification purposes
N.C. Gen. Stat. § 95-220. Reserved for future codification purposes
N.C. Gen. Stat. § 95-221. Reserved for future codification purposes

Article 19 - Migrant Housing Act of North Carolina.

N.C. Gen. Stat. § 95-222. Short title; legislative purpose
(a) This Article may be cited as the "Migrant Housing Act of North Carolina." (b) It is the purpose and policy of the General...
N.C. Gen. Stat. § 95-223. Definitions
As used in this Article, unless the context requires otherwise: (1) "Agricultural employment" means employment in any service or activity included within the provisions...
N.C. Gen. Stat. § 95-224. Scope; powers and duties
(a) The provisions of this Article shall apply to all operators and migrants except: (1) Any person who, in the ordinary course of that...
N.C. Gen. Stat. § 95-225. Adoption of standards and interpretations
(a) Unless otherwise provided, all established federal standards are adopted and shall be enforced by the Department of Labor of North Carolina. (b) The...
N.C. Gen. Stat. § 95-226. Application for inspection
(a) Except as provided in subsection (f) of this section, every operator shall request a preoccupancy inspection at least 45 days prior to the...
N.C. Gen. Stat. § 95-227. Enforcement
(a) For the purpose of enforcing the standards provided by this Article, the provisions of G.S. 95-129, G.S. 95-130 and G.S. 95-136 through G.S....
N.C. Gen. Stat. § 95-228. Waiver of rights
Agreements entered into by migrants to waive or to modify their rights under this Article shall be deemed void as contrary to public policy....
N.C. Gen. Stat. § 95-229. Construction of Article; severability
This Article shall be liberally construed to the end that the safety and health of the migrants of this State may be effectuated and...
N.C. Gen. Stat. § 95-229.1. Actions upon finding uninhabitable migrant housing
If the Department of Labor of North Carolina determines that housing provided to migrants under this Article is uninhabitable, but is not reasonably expected...
N.C. Gen. Stat. § 95-229.2. Reserved for future codification purposes
N.C. Gen. Stat. § 95-229.3. Reserved for future codification purposes
N.C. Gen. Stat. § 95-229.4. Reserved for future codification purposes

Article 19A - Overhead High-Voltage Line Safety Act.

N.C. Gen. Stat. § 95-229.5. Purpose; scope
The purpose of this Article is to promote the safety and protection of persons engaged in work in the vicinity of high-voltage overhead lines....
N.C. Gen. Stat. § 95-229.6. Definitions
As used in this Article, unless the context requires otherwise: (1) "Covered equipment" or "covered items" means any mechanical equipment, hoisting equipment, antenna, or...
N.C. Gen. Stat. § 95-229.7. Prohibited activities
(a) Unless danger of contact with high-voltage lines has been guarded against as provided by G.S. 95-229.8, 95-229.9, and 95-229.10, the following actions are...
N.C. Gen. Stat. § 95-229.8. Warning signs
(a) No person shall, individually or through an agent or employee or as an agent or employee, operate any covered equipment in the proximity...
N.C. Gen. Stat. § 95-229.9. Notification
(a) When any person desires to carry on any work in closer proximity to any high-voltage line than permitted by G.S. 95-229.7(a), the person...
N.C. Gen. Stat. § 95-229.10. Precautionary safety arrangements
(a) Installation or performance of precautionary safety arrangements shall be performed by the owner or operator of high-voltage lines only after mutually satisfactory arrangements...
N.C. Gen. Stat. § 95-229.11. Exemptions
(a) This Article shall not apply to the construction, reconstruction, operation, and maintenance of overhead electrical or communication circuits or conductors and their supporting...
N.C. Gen. Stat. § 95-229.12. Application
Nothing in this Article shall relieve any person from complying with any safety rule, regulation, or statute not imposed by this Article. A violation...
N.C. Gen. Stat. § 95-229.13. Severability
The provisions of this Article are severable. If any part of this Article is declared invalid or unconstitutional, such declaration shall not affect the...

Article 20 - Controlled Substance Examination Regulation.

N.C. Gen. Stat. § 95-230. Purpose
The General Assembly finds that individuals should be protected from unreliable and inadequate examinations and screening for controlled substances. The General Assembly also finds...
N.C. Gen. Stat. § 95-231. Definitions
As used in this Article, unless the context clearly requires otherwise: (1) "Approved laboratory" means a clinical chemistry laboratory which performs controlled substances testing...
N.C. Gen. Stat. § 95-232. Procedural requirements for the administration of controlled substance examinations
(a) An examiner who requests or requires an examinee to submit to a controlled substance examination shall comply with the procedural requirements set forth...
N.C. Gen. Stat. § 95-233. No duty to examine
Nothing in this Article shall be construed to place a duty on examiners to conduct controlled substance examinations. (1991, c. 687.)
N.C. Gen. Stat. § 95-234. Violation of controlled substance examination regulations; civil penalty
(a) Any examiner who violates the provisions of this Article shall be subject to a civil penalty of up to two hundred fifty dollars...
N.C. Gen. Stat. § 95-235. Certain federal agencies exempted
The provisions of this Article shall not apply to a controlled substance examination required by the United States Department of Transportation or the United...
N.C. Gen. Stat. § 95-236 through 95-239. Reserved for future codification purposes

Article 21 - Retaliatory Employment Discrimination.

N.C. Gen. Stat. § 95-240. Definitions
The following definitions apply in this Article: (1) "Person" means any individual, partnership, association, corporation, business trust, legal representative, the State, a city, town,...
N.C. Gen. Stat. § 95-241. Discrimination prohibited
(a) No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do...
N.C. Gen. Stat. § 95-242. Complaint; investigation; conciliation
(a) An employee allegedly aggrieved by a violation of G.S. 95-241 may file a written complaint with the Commissioner of Labor alleging the violation....
N.C. Gen. Stat. § 95-243. Civil action
(a) An employee who has been issued a right-to-sue letter or the Commissioner of Labor may commence a civil action in the superior court...
N.C. Gen. Stat. § 95-244. Effect of Article on other rights
Nothing in this Article shall be deemed to diminish the rights or remedies of any employee under any collective bargaining agreement, employment contract, other...
N.C. Gen. Stat. § 95-245. Rules
The Commissioner may adopt rules needed to implement this Article pursuant to the provisions of Chapter 150B of the General Statutes. (1993, c. 423,...
N.C. Gen. Stat. § 95-246 through 95-249. Reserved for future codification purposes

Article 22 - Safety and Health Programs and Committees.

N.C. Gen. Stat. § 95-250. Definitions
The following definitions shall apply in this Article: (1) "Experience rate modifier" means the numerical modification applied by the Rate Bureau to an experience...
N.C. Gen. Stat. § 95-251. Safety and health programs
(a) Establishment of safety and health programs. (1) Except as provided in subdivision (2) of this subsection, each employer with an experience rate modifier...
N.C. Gen. Stat. § 95-252. Safety and health committees required
(a) Establishment of safety and health committees. Except as provided in subsection (b) of this section, each employer with 11 or more employees and...
N.C. Gen. Stat. § 95-253. Additional rights
The rights and remedies provided to employees and employee safety and health representatives under this Article are in addition to, and not in lieu...
N.C. Gen. Stat. § 95-254. Rules
(a) Safety and health programs. Not later than one year after July 15, 1992, the Commissioner shall adopt final rules concerning the establishment and...
N.C. Gen. Stat. § 95-255. Reports
(a) Upon the final adoption of all rules required to be adopted by the Commissioner under this Article, the Commissioner shall determine, based on...
N.C. Gen. Stat. § 95-255.1. Technical assistance
Employers notified pursuant to G.S. 95-255(a) shall be offered technical assistance from the Division of Occupational Safety and Health to reduce injuries and illnesses...
N.C. Gen. Stat. § 95-256. Penalties
(a) The Commissioner may levy a civil penalty, not to exceed the amounts listed as follows, for a violation of this Article: Employers with...
N.C. Gen. Stat. § 95-257. Reserved for future codification purposes
N.C. Gen. Stat. § 95-258. Reserved for future codification purposes
N.C. Gen. Stat. § 95-259. Reserved for future codification purposes

Article 23 - Workplace Violence Prevention.

N.C. Gen. Stat. § 95-260. Definitions
The following definitions apply in this Article: (1) Civil no-contact order. - An order granted under this Article, which includes a remedy authorized by...
N.C. Gen. Stat. § 95-261. Civil no-contact orders; persons protected
An action for a civil no-contact order may be filed as a civil action in district court by an employer on behalf of an...
N.C. Gen. Stat. § 95-262. Commencement of action; venue
(a) An action for a civil no-contact order is commenced by filing a verified complaint for a civil no-contact order in any civil district...
N.C. Gen. Stat. § 95-263. Process for action for no-contact order
(a) Any action for a civil no-contact order requires that a separate summons be issued and served. The summons issued pursuant to this Article...
N.C. Gen. Stat. § 95-264. Civil no-contact order; remedy
(a) Upon a finding that the employee has suffered unlawful conduct committed by the respondent, the court may issue a temporary or permanent civil...
N.C. Gen. Stat. § 95-265. Temporary civil no-contact order; court holidays and evenings
(a) A temporary civil no-contact order may be granted ex parte, without written or oral notice to the respondent, only if both of the...
N.C. Gen. Stat. § 95-266. Permanent civil no-contact order
Upon a finding that the employee has suffered unlawful conduct committed by the respondent, a permanent civil no-contact order may issue if the court...
N.C. Gen. Stat. § 95-267. Duration; extension of orders
(a) A temporary civil no-contact order shall be effective for not more than 10 days as the court fixes, unless within the time so...
N.C. Gen. Stat. § 95-268. Notice of orders
(a) The clerk of court shall deliver on the same day that a civil no-contact order is issued a certified copy of that order...
N.C. Gen. Stat. § 95-269. Violation of valid order
A violation of an order entered pursuant to this Article is punishable as contempt of court. (2004-165, s. 1.)
N.C. Gen. Stat. § 95-270. Employment discrimination unlawful
(a) No employer shall discharge, demote, deny a promotion, or discipline an employee because the employee took reasonable time off from work to obtain...
N.C. Gen. Stat. § 95-271. Scope of Article; other remedies available
This Article does not expand, diminish, alter, or modify any duty of any employer to provide a safe workplace for employees and other persons....

Last modified: March 23, 2014