§ 95-271. Scope of Article; other remedies available; severability.

373 words·~2 min read·/nc/chapter-95/95-271

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)This Article does not expand, diminish, alter, or modify any duty of any employer to provide a safe workplace for employees and other persons. This Article does not limit the ability of an employer, employee, or victim to pursue any other civil or criminal remedy provided by law. This Article does not apply in circumstances where an employee or representative of employees is engaged in union organizing, union activity, a labor dispute, or any activity or action protected by the National Labor Relations Act, 29 U.S.C. § 151, et seq. and further provided such activity does not involve violence, threats, or intentional obstruction of any place of employment's access points. Nothing in this Article is intended to change the National Labor Relations Act's preemptive regulation of legally protected activities, nor to change the right of the State and its courts to regulate activities not protected by the National Labor Relations Act.

(b)Nothing in this Article is intended, or shall be construed, to conflict with, restrict, limit, or infringe upon rights protected by the North Carolina or United States Constitution.

(c)If any provision of this Article is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, the decision shall not affect the validity, enforceability, or applicability of the remaining provisions of this Article, which shall remain in full force and effect as if the provision held invalid, void, or unenforceable had not been included.

(d)Nothing in this Article shall apply to peaceful demonstrations, informational picketing, or labor activity protected by the National Labor Relations Act or by the North Carolina Constitution, including the right to assemble and protest, provided such activity does not involve violence, threats, or intentional obstruction of any place of employment's access points. For purposes of this subsection, "peaceful demonstration" is defined as either or both of the following:

(i)conduct which does not involve lawlessness or create a risk to property or the safety of others;

(ii)speech that is not directed to inciting or producing imminent lawless action and is not likely to incite or produce such action. (2004-165, s. 1; 2004-199, s. 58; 2025-71, s. 3(a).)