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North Carolina has changed how employees file workplace retaliation complaints under REDA, the Retaliatory Employment Discrimination Act (N.C. Gen. Stat. §§ 95-240 to 95-246), affecting what employers see when they receive a complaint and how quickly they must respond. REDA bars employers from punishing employees who file or threaten to file claims under workers’ compensation, wage and hour, workplace safety, and certain other laws. Session Law 2026-13, signed June 22, 2026 and effective immediately, specifies what a complaint must contain and the time for employers to submit their position statements. Separately, the NC Department of Labor (NCDOL) is moving to repeal its own REDA procedural rules, with a proposed effective date of November 1, 2026.

Key Takeaways:

2026 REDA Amendments (Session Law 2026-13)
Proposed Repeal of NCDOL’s REDA Administrative Rules
Recommended Action Items for Employers
  1. Designate an HR point of contact. Complaints now require the name and contact information of the employer’s HR manager. Make sure this information is current and accessible.
  2. Prepare for fast turnarounds. Set up a process so any REDA complaint from NCDOL goes immediately to HR and legal counsel. Calendar the seven-day position statement window the day the complaint arrives, and highlight any helpful facts, if any, identified in item eight of the complaint to be used in responding to the claim.
  3. Preserve records as early as possible. Preserve relevant records as soon as you learn of any complaint.
  4. Keep track of deadlines.  Note an early, incomplete filing can still count as on time.
  5. Document business reasons in real time. When making discipline or termination decisions—especially for employees who recently filed workers’ compensation, wage, or safety complaints—document the legitimate, nondiscriminatory reasons at the time the decision is made.
  6. Train supervisors on anti-retaliation. Ensure front-line managers understand what retaliation looks like and how to avoid it.
  7. Update internal procedures. If your policies cite NCDOL’s REDA rules (13 NCAC 19), plan to revise them. Watch for the Commission’s October 29, 2026 decision and the proposed November 1, 2026 effective date.
  8. Contact counsel promptly. Reach out to your employment attorney as soon as you receive a REDA complaint.

If you have questions about how these changes affect your organization, please contact a member of Poyner Spruill’s Employment Law team.

This alert is intended for general informational purposes only and does not constitute legal advice. Please consult an attorney for advice specific to your situation.
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