On July 9, 2025, North Carolina Governor Josh Stein signed legislation (Senate Bill (SB) 311, Session Law 2025-71) that expands the state’s Workplace Violence Prevention Act’s (WVPA) definition of “unlawful conduct” to address certain forms of mass picketing. Employers may now seek civil no-contact orders not only on behalf of individual employees, but also on behalf of the business itself, when the conduct in question affects the workplace. The law took effect immediately.
Quick Hits
- North Carolina’s Workplace Violence Prevention Act (WVPA) permits employers to seek civil no-contact orders to protect employees from “unlawful conduct,” including threats or acts of physical violence, and protects employees from retaliation for absences due to domestic violence or harassment.
- Senate Bill 311 amended the WVPA to allow employers to request civil no-contact orders on behalf of the business itself—not just individual employees.
- Peaceful demonstrations and labor activities protected under the National Labor Relations Act remain lawful.
- The law took effect July 9, 2025.
The Law and Order Act: Workplace Violence Prevention/Mass Picketing
Senate Bill 311, known as “The Law and Order Act,” is omnibus legislation that includes a range of judicial reforms, including criminalizing assaults on utility workers, identifying offenses related to embalming fluid, increasing penalties for certain intentional acts, and making significant amendments to the WVPA, codified at N.C. Gen. Stat. Chapter 95, Article 23.
Under the WVPA, employers may pursue civil no-contact orders on behalf of employees facing “unlawful conduct,” which is defined to include threats or acts of physical violence. The law also prohibits discrimination or retaliation against employees who miss work due to domestic violence or related harassment.
The law as amended expands the definition of “unlawful conduct” to address certain forms of mass picketing. Employers may now seek civil no-contact orders not only on behalf of individual employees, but also on behalf of the business itself, when the conduct in question affects the workplace. The statute defines “mass picketing” as:
“Picketing, with or without signs, that constitutes an obstacle to the ingress and egress to and from the premises being picketed or any other premises, or upon the public roads, streets, highways, or other ways of travel or conveyance, either by obstructing by their persons or by placing of vehicles or other physical obstructions.”
The law identifies three specific behaviors as unlawful conduct under this expanded definition:
- hindering or preventing lawful work or employment through mass picketing, unlawful threats, or force;
- obstructing workplace entrances or exits via mass picketing; and
- blocking public roads, highways, or transportation infrastructure through similar tactics.
Additionally, the law prohibits workplace “obstruction,” defined as a “sustained or deliberate physical blockage that substantially and materially prevents ingress or egress and causes demonstrable disruption to operations or public safety.”
The revised WVPA authorizes employers to request civil no-contact orders on behalf of specific employees, prohibiting contact from individuals engaged in unlawful conduct and on behalf of the employer, to restrict access to the workplace by individuals or groups engaged in obstructive mass picketing. Importantly, there is no requirement that physical harm or property damage occur in order for an employer to obtain such an order. However, the law does mandate that respondents be notified prior to the issuance of a permanent order.
The law contains important exceptions to protect lawful protest and labor activity. It defines “peaceful demonstration” as (i) conduct that does not involve lawlessness or create a risk to property or safety; or (ii) speech that is not intended to incite or produce imminent lawless action and is unlikely to do so.
In addition, the law makes clear that it does not apply to actions protected under the National Labor Relations Act (NLRA) or the North Carolina Constitution, provided such actions do not involve violence, threats, or deliberate obstruction of workplace access points. As a result, peaceful demonstrations, informational picketing, and protected labor activities remain lawful and outside the scope of this enforcement.
Senate Bill 311 passed with strong bipartisan support, receiving a 46-0 vote in the North Carolina Senate and a 100-7 vote in the North Carolina House of Representatives.
Key Takeaways
Session Law 2025-71, originally introduced as SB 484 and later incorporated into SB 311, expands the protections available under the WVPA. Effective July 9, 2025, the law broadens the definition of “unlawful conduct” to include certain forms of mass picketing, obstruction, and specific actions that hinder lawful work, block workplace access points, or obstruct public roadways. Employers now have the authority to seek civil no-contact orders not only on behalf of individual employees, but also on behalf of the business itself, when such conduct affects the workplace. Importantly, there is no requirement of physical injury or property damage to obtain relief. However, the law preserves protections for peaceful demonstrations and labor activities under the NLRA. The law does not protect demonstrations or activities that involve threats, violence, or intentional interference with workplace operations. Employers may want to review their workplace security protocols to ensure readiness to use these new legal tools if necessary.
