GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	4
HOUSE BILL 898
 Committee Substitute Favorable 4/18/01
Third Edition Engrossed 4/24/01
 Senate Judiciary I Committee Substitute Adopted 10/17/01 

Short Title:	State Emp. Federal Remedy Restoration Act.	()	
Sponsors:	     	
Referred to:	     	
March 29, 2001

A BILL TO BE ENTITLED
AN ACT TO ENACT THE STATE EMPLOYEE FEDERAL REMEDY RESTORATION ACT.  

The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 143 of the General Statutes is amended by adding a new Article to read:
"Article 31D.
"State Employee Federal Remedy Restoration Act.
"§ 143-300.35. State Employee Federal Remedy Restoration Act.
(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."
SECTION 2.  G.S. 126‑34.1(a) is amended by adding a new subdivision to read:
"(11)	Violation of any of the following federal statutes as applied to the employee:
a.	The Fair Labor Standards Act, 29 U.S.C. § 201, et seq.
b.	The Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq.
c.	The Family Medical Leave Act, 29 U.S.C. § 2601, et seq.
d.	The Americans with Disabilities Act, 42 U.S.C. § 12101, et seq."
SECTION 3.  This act becomes effective October 1, 2001, and applies to causes of action arising on or after that date.