Public-domain · open source
OpenJurist

N.C. Gen. Stat. § 143-300.35

State Employee Federal Remedy Restoration Act

Applied in 9 court decisions — leading case 905 F. Supp. 2d 712 - Johnson v. North Carolina (2012)

Most recently applied in 905 F. Supp. 2d 712 - Johnson v. North Carolina (October 2012)

2001-467, s. 1.

How often courts cite this section

20042010201240
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.