Earlier this year, North Carolina enacted Senate Bill 311, known as the "Law and Order Act," which significantly amends the North Carolina Workplace Violence Prevention Act (WVPA). The amendments broaden the scope of conduct covered under the statute and expand the circumstances under which employers may seek relief.
Overview of the Workplace Violence Prevention Act
The WVPA permits employers to seek civil no-contact orders on behalf of employees who have been subjected to or threatened with "unlawful conduct" in the workplace. The law provides an important civil remedy to help prevent workplace violence, harassment, or other dangerous behavior that could compromise employee safety or disrupt business operations.
Key Changes Under Senate Bill 311
The 2025 amendments, which were enacted in July 2025, expand the reach of the WVPA in several important ways:
- Broader Definition of "Unlawful Conduct:" The WVPA now expressly includes threats or acts of physical violence and certain forms of mass picketing as "unlawful conduct." The statute defines "mass picketing" as picketing that obstructs or impedes ingress or egress to and from the premises being picketed (or any other premises or public roadways) either through physical presence or by placing vehicles or other obstructions.
- Employer Standing Expanded: Employers may now seek a civil no-contact order on behalf of the business itself, in addition to seeking protection for individual employees. This change allows employers to act more broadly to prevent disruptions or safety risks affecting the workplace as a whole.
- Protection Against Retaliation and Discrimination: The amended law reaffirms that employers may not discriminate or retaliate against employees who miss work as a result of domestic violence, harassment, or related unlawful conduct.
- Exceptions to Protect Lawful Protest and Labor Activity: The amended law protects lawful protest and labor activity. "Peaceful demonstration" under the amended law means conduct without lawlessness or risk to property or safety, or speech not likely to incite imminent lawless action. The amended law excludes acts protected under the National Labor Relations Act (NLRA) or North Carolina Constitution, as long as they don’t involve violence, threats, or intentional blockage of workplace entrances. This means that peaceful demonstrations, informational picketing, and protected labor actions are still legal.
Practical Implications for Employers
These changes strengthen an employer’s ability to proactively address workplace threats, disruptions, and safety concerns. Employers should review and update their workplace violence prevention policies, employee safety and security protocols, and labor relations response plans to reflect the expanded protections under the WVPA. In particular, employers should:
- Train supervisors and HR personnel on recognizing conduct that may qualify as unlawful conduct or mass picketing under the broadened statute.
- Develop procedures for documenting threats, acts of violence, or obstructive picketing activity.
- Consult with counsel promptly to assess whether a civil no-contact order may be appropriate in situations involving workplace safety or access concerns.
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