LABOR LAW CHANGES.

View NCGA Bill Details2021
Senate Bill 208 (Public) Filed Tuesday, March 9, 2021
AN ACT MAKING VARIOUS CHANGES TO THE LABOR LAWS OF NORTH CAROLINA.
Intro. by Hise, Galey, Woodard.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Jun 16 2021)
S 208

Bill Summaries:

  • Summary date: Jun 16 2021 - More information

    House committee substitute to the 3rd edition makes the following changes.

    Further revises the proposed authority granted in GS 95-133 of the Director of Occupational Safety and Health (Director) to obtain relevant medical records. Regarding medical records obtained by the Department of Health and Human Services, adds a requirement for the records to be kept separate from any investigative file, and now prohibits disclosure to any employer under investigation except as necessary to support the issuance of a citation in any enforcement proceeding (previously prohibited release or making the records public).

    Adds the following content.

    Repeals Article 5B of GS Chapter 95, which regulates job listing services. Makes conforming changes to GS 1-539.12(c).

    Amends GS 95-25.5, providing for the Commissioner of Labor's issuance of youth employment certificates, no longer specifying that the certificates be issued both directly and electronically.

    Amends GS 95-25.7, which governs payment to separated employees. Specifies that employees whose employment is discontinued must be paid all wages due on or before the next regular payday either through the regular pay channels or by trackable mail if requested by the employee in writing (was either through the regular pay channels or by mail if requested by the employee).

    Amends GS 95-25.13 to now require employers to notify employees in writing at least one pay period prior to any changes in promised wages, rather than in writing or through a posted notice at least 24 hours prior to the changes. Also requires employers to notify employees in writing (was, orally or in writing) at the time of hiring of the promised wages and the day and place for payment. 

    Amends GS 95-25.23A, which sets civil penalties for violations of employer record keeping requirements under GS 95-25.15(b) and regulations issued thereunder. Now sets the penalty at up to $250 per employee with a maximum of $2,000 per violation (was, per investigation).


  • Summary date: May 6 2021 - More information

    Senate amendment to the 2nd edition makes the following changes.

    Further revises the authority in GS 95-133 of the Director of Occupational Safety and Health (Director) to obtain relevant medical records. Now provides for the Occupational Safety and Health Division (Division) as the health oversight agency as defined in specified federal law governing identifiable health information. Authorizes covered entities (as defined by HIPPA) to disclose protected health information to health oversight agencies, including to the Division, as necessary for law enforcement, judicial and administrative purposes. Authorizes the Commissioner of Labor or the Director, or their authorized agents, to obtain medical records of injured or deceased employees that are both directly related to the investigation being conducted and are necessary to conduct investigations and enforcement proceedings under Article 16. Restricts medical records obtained to the evaluation, diagnosis, or treatment of an employee injury or fatality, consisting of records compiled and maintained by the Department of Health and Human Services (DHHS), by hospital participating in the statewide trauma system, or by emergency management service providers in connection with the dispatch, response, treatment, or transport of individual patients. Maintains that the medical records obtained are strictly confidential.


  • Summary date: Apr 28 2021 - More information

    Senate committee substitute to the 1st edition makes the following changes. Amends GS 95-111.3 to exclude from the term amusement device, as the term is used in Article 14B governing amusement devices, a train or device previously or currently approved for use on the public rail transit system (was, a locomotive, train, series of railroad cars, or other mechanical devices that operate on any US standard railroad gauge of four feet, eight and one-half inches). Amends the authority in GS 95-133 of the Director of Occupational Safety and Health to obtain medical records compiled and maintained by the Department of Health and Human Services (DHHS) by hospital participating in the statewide trauma system, or by emergency management service providers in connection with the dispatch, response, treatment, or transport of individual patients to specify that this includes records that are relevant to investigations and enforcement proceeds and is allowed only to the extent necessary to conduct investigations and enforcement proceedings.


  • Summary date: Mar 9 2021 - More information

    Makes technical changes to GS 74-24.2, which sets out the defined terms used in Article 2A, Mine Safety and Health Act. Repeals GS 74-24.6, which requires the Commissioner of Labor to establish an Advisory Council to assist the Commissioner in the development of safety and health standards for mines subject to the Article and to advise the Commissioner on matters relating to safety and health in such mines. Makes conforming changes throughout the Article. 

    Amends GS 95-111.3 to exclude from the term amusement device, as the term is used in Article 14B governing amusement devices, a locomotive, train, series of railroad cars, or other mechanical devices that operate on any US standard railroad gauge of four feet, eight and on-half inches. 

    Adds to the power and authorities of the Director of Occupational Safety and Health set out in GS 95-133, the authority to obtain medical records compiled and maintained by the Department of Health and Human Services (DHHS) by hospital participating in the statewide trauma system, or by emergency management service providers in connection with the dispatch, response, treatment, or transport of individual patients relating to investigations and enforcement proceedings under Article 16, the Occupational Safety and Health Act. Deems records obtained to be confidential and not public record.


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