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:
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Ten required complaint items. A complaint filed with NCDOL must now include:
(1) the employee’s contact information;
(2) the employer’s name and address;
(3) the employer’s HR manager or other point of contact;
(4) the employee’s supervisor at the time;
(5) the protected activity (for example, a workers’ compensation claim);
(6) any workers’ compensation Form 18;
(7) a statement of facts about that activity;
(8) a description of the alleged retaliation, plus any facts the employee knows that would explain a legitimate, non-retaliatory reason for the employer’s action;
(9) the date of the most recent alleged retaliation; and
(10) the employee’s signature. If someone other than the employee files on the employee’s behalf, then an authorization that has been dated and signed by the employee must be submitted. (This does not apply to an attorney filer.)
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Seven-day position statement. NCDOL forwards the full complaint to the employer within 20 days of receiving it. The employer then has seven days after receipt to submit a “position statement” outlining its affirmative defenses. NCDOL can begin investigating before it receives any response, but the position statement is the employer’s earliest opportunity to frame the facts before the investigator forms a view.
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30-day cure period. Employees still have 180 days to file. If an employee files an incomplete complaint within this time limit, NCDOL shall notify the employee of any deficiencies, and the employee has 30 days to file a complete complaint.
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Extra attachments are set aside. Materials an employee attaches beyond the required complaint contents are not considered in the investigation, are destroyed, and are not public records.
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Court-style deadline counting. All REDA deadlines are now counted under Rule 6 of the N.C. Rules of Civil Procedure, the same rule courts use. For example, when a deadline lands on a weekend or legal holiday, it generally moves to the next business day. Have counsel confirm any deadline, especially the short seven-day window.
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NCDOL has proposed repealing 13 NCAC 19 .0101–.0702—the full set of administrative rules that currently spell out how REDA investigations, right-to-sue letters, complaint closings, and settlements are handled.
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The public comment period closed September 14, 2026. NCDOL has filed the repeal with the Rules Review Commission, and it is on the Commission’s October 29, 2026 agenda, with Commission staff recommending approval. The repeal is not final until the Commission approves it; if 10 or more people file written objections asking for legislative review, the effective date could be delayed.
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If repealed, absent any new administrative rules, the REDA process will be governed directly by the statute. Some procedural details (e.g., investigation interviews, withdrawals, administrative closings) may be handled through NCDOL forms or informal practice rather than published rules—which could make the process less predictable in the short term.
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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.
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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.
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Preserve records as early as possible. Preserve relevant records as soon as you learn of any complaint.
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Keep track of deadlines. Note an early, incomplete filing can still count as on time.
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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.
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Train supervisors on anti-retaliation. Ensure front-line managers understand what retaliation looks like and how to avoid it.
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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.
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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.