§ 143-300.35. State Employee Federal Remedy Restoration Act. - North Carolina Statutes

Article 31D.

State Employee Federal Remedy Restoration Act.

§ 143‑300.35.  State Employee Federal RemedyRestoration Act.

(a)        The sovereign immunity of the State is waived for thelimited purpose of allowing State employees, except for those in exempt policy‑makingpositions designated pursuant to G.S. 126‑5(d), to maintain lawsuits inState and federal courts and obtain and satisfy judgments against the State orany 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, etseq.

(b)        The amount of monetary relief a State employee receivesunder subsection (a) of this section shall not exceed the amounts authorizedunder G.S. 143‑299.2 or the amounts authorized under the applicablefederal law under this section, whichever is less. (2001‑467, s. 1.)