North Carolina 2025-2026 Regular Session

North Carolina House Bill H403 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 403
	3	+	H D
	4	+	HOUSE BILL DRH10177-LR-100
	5	+
5	6
6	7
7	8		Short Title: Workers' Rights Act. (Public)
8		-	Sponsors: Representatives Logan, Greenfield, Harrison, and Roberson (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	March 17, 2025
12		-	H403 -v-1
	9	+	Sponsors: Representative Logan.
	10	+	Referred to:
	11	+
	12	+	DRH10177 -LR-100
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT PROTECTING WORKERS ' RIGHTS IN NORTH CAROLINA AND 2
15	15		APPROPRIATING FUNDS FOR THAT PURPOSE. 3
16	16		The General Assembly of North Carolina enacts: 4
17	17		5
18	18		PART I. INDIVIDUAL PROTECTIONS 6
19	19		7
20	20		AT-WILL EMPLOYMENT ABOLISHED 8
21	21		SECTION 1.1. Abolish At-Will Employment. – The General Assembly finds that: 9
22	22		(1) The origin of the employment at-will doctrine has been traced back to an 1877 10
23	23		treatise that legal scholars have since questioned. The employment at-will 11
24	24		doctrine is disfavored by several states and by almost all modern, 12
25	25		industrialized nations. The employment at-will doctrine allows an employer 13
26	26		to terminate an employee for unfair reasons or for no reason at all, with this 14
27	27		imbalance of power created by the employment at-will doctrine adversely 15
28	28		affecting personal freedom and economic security. 16
29	29		(2) The implied covenant of good faith and fair dealing is an important legal 17
30	30		doctrine that underpins the Uniform Commercial Code in section 1-304. The 18
31	31		implied covenant of good faith and fair dealing is recognized by the American 19
32	32		Law Institute as section 205 of the Restatement (Second) of Contracts. 20
33	33		(3) Good public policy dictates that acts of bad faith should not be tolerated just 21
34	34		because they are committed as part of an employment contract, thus 22
35	35		warranting the statutory prohibition of at-will employment contained in this 23
36	36		act. 24
37	37		SECTION 1.2. Article 3 of Chapter 95 of the General Statutes is amended by adding 25
38	38		a new section to read: 26
39	39		"§ 95-31.1. Covenant of good faith and fair dealing; at-will employment abolished. 27
40	40		(a) The General Assembly finds that every contract for employment, whether the contract 28
41	41		is written or oral, consists of both express and implied terms that are legal covenants between the 29
42	42		parties to the contract. Further, the General Assembly declares that an implied covenant of good 30
43	43		faith and fair dealing is part of every employment contract in this State. Therefore, it is the public 31
44	44		policy of this State that the employment at-will doctrine is inconsistent with the implied covenant 32
45	45		of good faith and fair dealing that is part of every employment contract in this State. 33
46	46		(b) The doctrine of at-will employment is abolished in this State. 34
47		-	(c) An employee in this State may only be fired for just cause." 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 403-First Edition
49		-	1
50		-	MANDATORY PAID WORK BREAKS AND PAID MEAL PERIODS 2
51		-	SECTION 1.3. Article 2A of Chapter 95 of the General Statutes is amended by 3
52		-	adding a new section to read: 4
53		-	"§ 95-25.6A. Paid work break and meal period required. 5
54		-	(a) An employee who is to work more than six continuous hours during a 24-hour period 6
55		-	shall be provided a paid meal period of 60 minutes and at least one paid work break of 15 minutes. 7
56		-	(b) An employee who is to work six continuous hours or less during a 24-hour period 8
57		-	shall be provided at least one paid work break of 15 minutes." 9
58		-	10
59		-	ELIMINATE THE SUBMINIMUM WAGE FOR TIPPED EMPLOYEES 11
60		-	SECTION 1.4. Effective January 1, 2026, G.S. 95-25.3(f) reads as rewritten: 12
61		-	"(f) Tips earned by a tipped employee may be counted as wages only up to the amount 13
62		-	permitted in section 3(m) of the Fair Labor Standards Act, 29 U.S.C. 203(m), if the tipped 14
63		-	employee is notified in advance, is permitted to retain all tips and the employer maintains 15
64		-	accurate and complete records of tips received by each employee as such tips are certified by the 16
65		-	employee monthly or for each pay period. Even if the employee refuses to certify tips accurately, 17
66		-	tips may still be counted as wages when the employer complies with the other requirements of 18
67		-	this section and can demonstrate by monitoring tips that the employee regularly receives tips in 19
68		-	the amount for which the credit is taken. shall not be counted as wages. Tip pooling shall also be 20
69		-	permissible among employees who customarily and regularly receive tips; however, no 21
70		-	employee's tips may be reduced by more than fifteen percent (15%) under a tip pooling 22
71		-	arrangement." 23
72		-	24
73		-	NO DISCRIMINATION OR RETALIATION FOR DISCLOSING WAGE 25
74		-	INFORMATION 26
75		-	SECTION 1.5.(a) Article 2A of Chapter 95 of the General Statutes is amended by 27
76		-	adding a new section to read: 28
77		-	"§ 95-25.6B. Right to disclose and discuss wage information. 29
78		-	(a) The General Assembly finds that an employee has the right to disclose and discuss 30
79		-	information about employee wages. 31
80		-	(b) No employer may do any of the following: 32
81		-	(1) Require, as a condition of employment, that an employee refrain from 33
82		-	disclosing the amount of the employee's wages. 34
83		-	(2) Require an employee to sign a waiver or other document that purports to deny 35
84		-	the employee the right to disclose the amount of the employee's wages. 36
85		-	(3) Discharge, discipline, or otherwise discriminate against an employee for 37
86		-	inquiring about, disclosing, comparing, or otherwise discussing the 38
87		-	employee's wages or the wages of any other employee." 39
88		-	SECTION 1.5.(b) G.S. 95-241(a) reads as rewritten: 40
89		-	"(a) No person shall discriminate or take any retaliatory action against an employee 41
90		-	because the employee in good faith does or threatens to do any of the following: 42
91		-	(1) File a claim or complaint, initiate any inquiry, investigation, inspection, 43
92		-	proceeding or other action, or testify or provide information to any person 44
93		-	with respect to any of the following: 45
94		-	a. Chapter 97 of the General Statutes. 46
95		-	b. Article 2A or Article 16 of this Chapter. 47
96		-	c. Article 2A of Chapter 74 of the General Statutes. 48
97		-	d. G.S. 95-28.1. 49
98		-	e. Article 16 of Chapter 127A of the General Statutes. 50
99		-	f. G.S. 95-28.1A. 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 403-First Edition Page 3
101		-	g. Article 52 of Chapter 143 of the General Statutes. 1
102		-	h. Article 5F of Chapter 90 of the General Statutes. 2
103		-	(2) Cause any of the activities listed in subdivision (1) of this subsection to be 3
104		-	initiated on an employee's behalf. 4
105		-	(3) Exercise any right on behalf of the employee or any other employee afforded 5
106		-	by Article 2A or Article 16 of this Chapter, by Article 2A of Chapter 74 of the 6
107		-	General Statutes, or by Article 52 of Chapter 143 of the General Statutes. 7
108		-	(4) Comply with the provisions of Article 27 of Chapter 7B of the General 8
109		-	Statutes. 9
110		-	(5) Exercise rights under Chapter 50B. Actions brought under this subdivision 10
111		-	shall be in accordance with the provisions of G.S. 50B-5.5. 11
112		-	(6) Exercise rights under G.S. 95-25.6B." 12
113		-	SECTION 1.5.(c) This section is effective when it becomes law and applies to 13
114		-	employment in this State on or after that date. 14
115		-	15
116		-	PART II. STATE EMPLOYEE AND CONTRACTOR PROTECTIONS 16
117		-	17
118		-	REPEAL BAN ON PUBLIC EMPLOYEE COLLECTIVE BARGAINING 18
119		-	SECTION 2.1. G.S. 95-98 is repealed. 19
120		-	20
121		-	OMBUD'S OFFICE CREATED/NO MISTREATMENT OF CONTRACT EMPLOYEES 21
122		-	SECTION 2.2.(a) G.S. 126-4 reads as rewritten: 22
123		-	"§ 126-4. Powers and duties of State Human Resources Commission. 23
124		-	Subject to the approval of the Governor, the State Human Resources Commission shall 24
125		-	establish policies and rules governing each of the following: 25
126		-	… 26
127		-	(20) Delegation of authority to an Ombud's Office charged with providing 27
128		-	independent review of State employee workplace complaints and assistance 28
129		-	to State employees in resolving workplace issues. In addition, the Ombud's 29
130		-	Office shall establish programs to educate State employees about their rights 30
131		-	and to train both supervisors and employees in dispute resolution techniques 31
132		-	appropriate for the State government workplace. 32
133		-	…." 33
134		-	SECTION 2.2.(b) Chapter 126 of the General Statutes is amended by adding a new 34
135		-	Article to read: 35
136		-	"Article 17. 36
137		-	"Contract Employee Protection. 37
138		-	"§ 126-100. Definitions. 38
139		-	The following definitions apply in this Article: 39
140		-	(1) Adverse action. – Any of the following actions taken by a private third-party 40
141		-	employer or a State government employee against a contract employee: 41
142		-	a. Reassignment to less-desired work location. 42
143		-	b. A reduction in compensation. 43
144		-	c. Failure to give a promised or customary increase in compensation or 44
145		-	work status. 45
146		-	d. Disciplinary action, including discharge, demotion, or transfer. 46
147		-	e. More intensive or critical supervision. 47
148		-	f. Withdrawal of previously allowed privileges. 48
149		-	g. Assignment to more difficult duties. 49
150		-	h. A demand of increased production for a retaliatory purpose. 50
151		-	i. Treatment that subjects the contract employee to workplace bullying. 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 House Bill 403-First Edition
	47	+	(c) An employee in this State may only be fired for just cause." 35
	48	+	36
	49	+	H.B. 403
	50	+	Mar 13, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH10177-LR-100
	53	+	MANDATORY PAID WORK BREAKS AND PAID MEAL PERIODS 1
	54	+	SECTION 1.3. Article 2A of Chapter 95 of the General Statutes is amended by 2
	55	+	adding a new section to read: 3
	56	+	"§ 95-25.6A. Paid work break and meal period required. 4
	57	+	(a) An employee who is to work more than six continuous hours during a 24-hour period 5
	58	+	shall be provided a paid meal period of 60 minutes and at least one paid work break of 15 minutes. 6
	59	+	(b) An employee who is to work six continuous hours or less during a 24-hour period 7
	60	+	shall be provided at least one paid work break of 15 minutes." 8
	61	+	9
	62	+	ELIMINATE THE SUBMINIMUM WAGE FOR TIPPED EMPLOYEES 10
	63	+	SECTION 1.4. Effective January 1, 2026, G.S. 95-25.3(f) reads as rewritten: 11
	64	+	"(f) Tips earned by a tipped employee may be counted as wages only up to the amount 12
	65	+	permitted in section 3(m) of the Fair Labor Standards Act, 29 U.S.C. 203(m), if the tipped 13
	66	+	employee is notified in advance, is permitted to retain all tips and the employer maintains 14
	67	+	accurate and complete records of tips received by each employee as such tips are certified by the 15
	68	+	employee monthly or for each pay period. Even if the employee refuses to certify tips accurately, 16
	69	+	tips may still be counted as wages when the employer complies with the other requirements of 17
	70	+	this section and can demonstrate by monitoring tips that the employee regularly receives tips in 18
	71	+	the amount for which the credit is taken. shall not be counted as wages. Tip pooling shall also be 19
	72	+	permissible among employees who customarily and regularly receive tips; however, no 20
	73	+	employee's tips may be reduced by more than fifteen percent (15%) under a tip pooling 21
	74	+	arrangement." 22
	75	+	23
	76	+	NO DISCRIMINATION OR RETALIATION FOR DISCLOSING WAGE 24
	77	+	INFORMATION 25
	78	+	SECTION 1.5.(a) Article 2A of Chapter 95 of the General Statutes is amended by 26
	79	+	adding a new section to read: 27
	80	+	"§ 95-25.6B. Right to disclose and discuss wage information. 28
	81	+	(a) The General Assembly finds that an employee has the right to disclose and discuss 29
	82	+	information about employee wages. 30
	83	+	(b) No employer may do any of the following: 31
	84	+	(1) Require, as a condition of employment, that an employee refrain from 32
	85	+	disclosing the amount of the employee's wages. 33
	86	+	(2) Require an employee to sign a waiver or other document that purports to deny 34
	87	+	the employee the right to disclose the amount of the employee's wages. 35
	88	+	(3) Discharge, discipline, or otherwise discriminate against an employee for 36
	89	+	inquiring about, disclosing, comparing, or otherwise discussing the 37
	90	+	employee's wages or the wages of any other employee." 38
	91	+	SECTION 1.5.(b) G.S. 95-241(a) reads as rewritten: 39
	92	+	"(a) No person shall discriminate or take any retaliatory action against an employee 40
	93	+	because the employee in good faith does or threatens to do any of the following: 41
	94	+	(1) File a claim or complaint, initiate any inquiry, investigation, inspection, 42
	95	+	proceeding or other action, or testify or provide information to any person 43
	96	+	with respect to any of the following: 44
	97	+	a. Chapter 97 of the General Statutes. 45
	98	+	b. Article 2A or Article 16 of this Chapter. 46
	99	+	c. Article 2A of Chapter 74 of the General Statutes. 47
	100	+	d. G.S. 95-28.1. 48
	101	+	e. Article 16 of Chapter 127A of the General Statutes. 49
	102	+	f. G.S. 95-28.1A. 50
	103	+	g. Article 52 of Chapter 143 of the General Statutes. 51 General Assembly Of North Carolina Session 2025
	104	+	DRH10177-LR-100 Page 3
	105	+	h. Article 5F of Chapter 90 of the General Statutes. 1
	106	+	(2) Cause any of the activities listed in subdivision (1) of this subsection to be 2
	107	+	initiated on an employee's behalf. 3
	108	+	(3) Exercise any right on behalf of the employee or any other employee afforded 4
	109	+	by Article 2A or Article 16 of this Chapter, by Article 2A of Chapter 74 of the 5
	110	+	General Statutes, or by Article 52 of Chapter 143 of the General Statutes. 6
	111	+	(4) Comply with the provisions of Article 27 of Chapter 7B of the General 7
	112	+	Statutes. 8
	113	+	(5) Exercise rights under Chapter 50B. Actions brought under this subdivision 9
	114	+	shall be in accordance with the provisions of G.S. 50B-5.5. 10
	115	+	(6) Exercise rights under G.S. 95-25.6B." 11
	116	+	SECTION 1.5.(c) This section is effective when it becomes law and applies to 12
	117	+	employment in this State on or after that date. 13
	118	+	14
	119	+	PART II. STATE EMPLOYEE AND CONTRACTOR PROTECTIONS 15
	120	+	16
	121	+	REPEAL BAN ON PUBLIC EMPLOYEE COLLECTIVE BARGAINING 17
	122	+	SECTION 2.1. G.S. 95-98 is repealed. 18
	123	+	19
	124	+	OMBUD'S OFFICE CREATED/NO MISTREATMENT OF CONTRACT EMPLOYEES 20
	125	+	SECTION 2.2.(a) G.S. 126-4 reads as rewritten: 21
	126	+	"§ 126-4. Powers and duties of State Human Resources Commission. 22
	127	+	Subject to the approval of the Governor, the State Human Resources Commission shall 23
	128	+	establish policies and rules governing each of the following: 24
	129	+	… 25
	130	+	(20) Delegation of authority to an Ombud's Office charged with providing 26
	131	+	independent review of State employee workplace complaints and assistance 27
	132	+	to State employees in resolving workplace issues. In addition, the Ombud's 28
	133	+	Office shall establish programs to educate State employees about their rights 29
	134	+	and to train both supervisors and employees in dispute resolution techniques 30
	135	+	appropriate for the State government workplace. 31
	136	+	…." 32
	137	+	SECTION 2.2.(b) Chapter 126 of the General Statutes is amended by adding a new 33
	138	+	Article to read: 34
	139	+	"Article 17. 35
	140	+	"Contract Employee Protection. 36
	141	+	"§ 126-100. Definitions. 37
	142	+	The following definitions apply in this Article: 38
	143	+	(1) Adverse action. – Any of the following actions taken by a private third-party 39
	144	+	employer or a State government employee against a contract employee: 40
	145	+	a. Reassignment to less-desired work location. 41
	146	+	b. A reduction in compensation. 42
	147	+	c. Failure to give a promised or customary increase in compensation or 43
	148	+	work status. 44
	149	+	d. Disciplinary action, including discharge, demotion, or transfer. 45
	150	+	e. More intensive or critical supervision. 46
	151	+	f. Withdrawal of previously allowed privileges. 47
	152	+	g. Assignment to more difficult duties. 48
	153	+	h. A demand of increased production for a retaliatory purpose. 49
	154	+	i. Treatment that subjects the contract employee to workplace bullying. 50 General Assembly Of North Carolina Session 2025
	155	+	Page 4 DRH10177-LR-100
153	156		(2) Contract employee. – An employee of a private third-party employer who is 1
154	157		assigned to work in a State government workplace or on a State-controlled 2
155	158		project. 3
156	159		(3) Private third-party employer. – A nongovernmental employer that (i) employs 4
157	160		two or more employees and (ii) has a contract with the State to furnish 5
158	161		employees to a State agency, department, or institution to perform personal 6
159	162		services in a State government workplace or on a State-controlled project. 7
160	163		(4) Workplace bullying. – A persistent pattern of mistreatment from others in the 8
161	164		workplace that causes physical, emotional, or financial harm, including, but 9
162	165		not limited to, verbal, nonverbal, psychological, or physical abuse and 10
163	166		interference with an employee's work or career advancement. 11
164	167		"§ 126-101. Mistreatment of contract employees prohibited. 12
165	168		(a) It is against the public policy of this State for any State employee to mistreat a contract 13
166	169		employee in the State government workplace or in connection with a State-controlled project. It 14
167	170		is the duty of each supervisor in a State government workplace to take all reasonable steps to 15
168	171		prevent mistreatment of contract employees. 16
169	172		(b) No State employee shall take or cause a private third-party employer to initiate an 17
170	173		adverse action against a contract employee in retaliation for the contract employee doing any of 18
171	174		the following: 19
172	175		(1) Making a complaint or providing information, in good faith, to the North 20
173	176		Carolina Department of Labor or the United States Department of Labor about 21
174	177		a possible labor law violation by the private third-party employer or by the 22
175	178		State agency, department, or institution. 23
176	179		(2) Testifying in any investigation made or other proceeding held under State, 24
177	180		local, or federal law relating to a State government workplace or 25
178	181		State-controlled project. 26
179	182		(3) Exercising any employee rights that are protected under State, local, or federal 27
180	183		law. 28
181	184		(4) Complaining about workplace bullying in a State government workplace or in 29
182	185		connection with a State-controlled project. 30
183	186		Any State employee who violates this subsection shall be subject to disciplinary action up to 31
184	187		and including termination from State government employment. 32
185	188		(c) A private third-party employer shall not take adverse action against a contract 33
186	189		employee in retaliation for the contract employee doing any of the following: 34
187	190		(1) Making a complaint or providing information, in good faith, to the North 35
188	191		Carolina Department of Labor or the United States Department of Labor about 36
189	192		a possible labor law violation by the private third-party employer or by the 37
190	193		State agency, department, or institution. 38
191	194		(2) Testifying in any investigation made or other proceeding held under State, 39
192	195		local, or federal law relating to a State government workplace or 40
193	196		State-controlled project. 41
194	197		(3) Exercising any employee rights that are protected under State, local, or federal 42
195	198		law. 43
196	199		(4) Complaining about workplace bullying in the State government workplace or 44
197	200		in connection with a State-controlled project. 45
198	201		(d) The North Carolina Department of Labor shall investigate alleged violations of this 46
199	202		section and may assess a civil penalty against a private third-party employer in an amount from 47
200	203		one thousand dollars ($1,000) to twenty thousand dollars ($20,000) for each violation of this 48
201	204		section. A private third-party employer who is found by the North Carolina Department of Labor 49
202	205		to have violated this section shall be ineligible to enter into contracts with any State agency, 50
203	206		department, or institution for a period of five years. 51 General Assembly Of North Carolina Session 2025
204		-	~~House Bill 403-First Edition~~ Page 5
	207	+	DRH10177-LR-100 Page 5
205	208		(e) The contract employee may bring a civil action against a private third-party employer 1
206	209		for a violation of this subsection in the superior court of the county where the violation occurred 2
207	210		or where the contract employee lives within two years of the date of the alleged adverse action. 3
208	211		If the contract employee is the prevailing party in an action under this subsection, the court may 4
209	212		order reinstatement, back pay, and other appropriate relief and shall order payment of the 5
210	213		prevailing party's attorneys' fees and litigation costs by the losing party. 6
211	214		(f) The Department of Labor and the State Human Resources Commission shall jointly 7
212	215		develop, publish, and distribute educational and training materials about contract employee rights 8
213	216		under this section, including physical posters to be placed conspicuously in the workplace and 9
214	217		online materials made available over the internet. 10
215	218		"§ 126-102. Applicability; notices; rules. 11
216	219		(a) This Article applies to all State employees, including those subject to, and those 12
217	220		exempt from, provisions of this Chapter. 13
218	221		(b) This Article does not apply to a contract in which the federal government is a party. 14
219	222		(c) It is the duty of both the private third-party employer and the State employer to post 15
220	223		notice in accordance with G.S. 95-9 or use other appropriate means to keep all employees 16
221	224		informed of their protections and obligations under this Article. 17
222	225		(d) This section provides rights, obligations, procedures, and relief in addition to, and not 18
223	226		in lieu of, what is provided under Article 14 of this Chapter and Article 21 of Chapter 95 of the 19
224	227		General Statutes. 20
225	228		(e) The North Carolina Department of Labor and the State Human Resources 21
226	229		Commission shall collaborate, and each shall adopt the appropriate rules, to carry out the 22
227	230		provisions of this Article." 23
228	231		24
229	232		OMBUD'S OFFICE FUNDING 25
230	233		SECTION 2.3.(a) There is appropriated from the General Fund to the Department 26
231	234		of Administration, State Human Resources Commission, the sum of one hundred eighty thousand 27
232	235		dollars ($180,000) in recurring funds for each year of the 2025-2027 fiscal biennium for two new 28
233	236		personnel positions to support establishment of the Ombud's Office created by this act. 29
234	237		SECTION 2.3.(b) There is appropriated from the General Fund to the Department 30
235	238		of Administration, State Human Resources Commission, the sum of one hundred thousand 31
236	239		dollars ($100,000) in nonrecurring funds for each year of the 2025-2027 fiscal biennium to fund 32
237	240		enforcement, training, and educational efforts concerning G.S. 126-101, as enacted by this act, 33
238	241		and to combat workplace bullying in State government. 34
239	242		SECTION 2.3.(c) There is appropriated from the General Fund to the Department 35
240	243		of Labor the sum of seventy-seven thousand dollars ($77,000) in recurring funds for each year 36
241	244		of the 2025-2027 fiscal biennium for one new personnel position to conduct investigations related 37
242	245		to the enforcement of G.S. 126-101, as enacted by this act. 38
243	246		SECTION 2.3.(d) This section becomes effective July 1, 2025. 39
244	247		40
245	248		PART III. RESTORE STATE AND LOCAL GOVERNMENT RETIREE MEDICAL 41
246	249		BENEFITS 42
247	250		SECTION 2.4.(a) Subsections (c) and (d) of Section 35.21 of S.L. 2017-57 are 43
248	251		repealed. 44
249	252		SECTION 2.4.(b) This section is effective retroactively to December 31, 2020. 45
250	253		46
251	254		PART IV. LOCAL GOVERNMENT PROTECTIONS 47
252	255		48
253	256		NO BAN ON LOCAL MINIMUM WAGES 49
254	257		SECTION 3.1. Sections 5.9(a), 5.9(b), and 5.9(c) of S.L. 2023-134 are repealed. 50 General Assembly Of North Carolina Session 2025
255		-	Page 6 ~~House Bill 403-First Edition~~
	258	+	Page 6 DRH10177-LR-100
256	259		SECTION 3.2. Article 23 of Chapter 153A of the General Statutes is amended by 1
257	260		adding a new section to read: 2
258	261		"§ 153A-466. Authority to adopt local minimum wage ordinances. 3
259	262		A county may by ordinance set a local minimum wage." 4
260	263		SECTION 3.3. Article 21 of Chapter 160A of the General Statutes is amended by 5
261	264		adding a new section to read: 6
262	265		"§ 160A-499.11. Authority to adopt local minimum wage ordinances. 7
263	266		A city may by ordinance set a local minimum wage." 8
264	267		9
265	268		WORKER SAFETY PROGRAMS BY LOCAL GOVERNMENTS 10
266	269		SECTION 3.4.(a) Article 21 of Chapter 160A of the General Statutes is amended by 11
267	270		adding a new section to read: 12
268	271		"§ 160A-492.1. Worker safety programs. 13
269	272		The governing body of any city, town, or county is hereby authorized to undertake, and to 14
270	273		expend tax or nontax funds for, worker safety activities and programs and health standards and 15
271	274		practices applicable to the field of employment that are equivalent to or greater than State or 16
272	275		federal requirements. The governing body may appoint worker safety committees or boards and 17
273	276		citizens' committees, as it may deem necessary in carrying out the programs and activities, may 18
274	277		authorize the employment of personnel by the committees or boards, and may establish their 19
275	278		duties, responsibilities, and powers. The cities and counties may jointly undertake any program 20
276	279		or activity which they are authorized to undertake by this section. The expenses of undertaking 21
277	280		and engaging in the worker safety programs and activities authorized by this section are necessary 22
278	281		expenses for which funds derived from taxation may be expended without the necessity of prior 23
279	282		approval of the voters." 24
280	283		SECTION 3.4.(b) G.S. 153A-445(a) is amended by adding a new subdivision to 25
281	284		read: 26
282	285		"(5a) G.S. 160A-492.1. – Worker safety programs." 27
283	286		28
284	287		FUNDING FOR WORKER SAFETY INSPECTIONS 29
285	288		SECTION 3.5.(a) There is appropriated from the General Fund to the Department 30
286	289		of Labor the sum of three hundred thousand dollars ($300,000) in recurring funds for the 31
287	290		2025-2026 fiscal year for new personnel positions to conduct safety inspections related to local 32
288	291		worker safety protections established under this act. 33
289	292		SECTION 3.5.(b) This section becomes effective July 1, 2025. 34
290	293		35
291	294		PART V. EFFECTIVE DATE 36
292	295		SECTION 4.1. Unless otherwise provided, this act is effective when it becomes law. 37