§143-300.35. State Employee Federal Remedy Restoration Act


Latest version.
  • (a)        The sovereign immunity of the State is waived for the limited purpose of allowing State employees, except for those in exempt policy-making positions designated pursuant to G.S. 126-5(d), to maintain lawsuits in State and federal courts and obtain and satisfy judgments against the State or any of its departments, institutions, or agencies under:

    (1)        The Fair Labor Standards Act, 29 U.S.C. § 201, et seq.

    (2)        The Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq.

    (3)        The Family and Medical Leave Act, 29 U.S.C. § 2601, et seq.

    (4)        The Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.

    (b)        The amount of monetary relief a State employee receives under subsection (a) of this section shall not exceed the amounts authorized under G.S. 143-299.2 or the amounts authorized under the applicable federal law under this section, whichever is less.

(2001-467, s. 1.)