N.C. Gen. Stat. § § 95-228
Waiver of rights.
Operative Text
Agreements entered into by migrants to waive or to modify their rights under this Article shall be deemed void as contrary to public policy. A waiver or modification of rights by the Department of Labor of North Carolina shall be valid under this Article. (1989, c. 91, s. 2.)
Under N.C. Gen. Stat. § 95-228, any agreement in which a migrant worker gives up or alters the rights granted by the Migrant Housing Act (N.C. Gen. Stat. § 95-222 et seq.) is automatically void and unenforceable as a matter of public policy. The only entity that may validly waive or modify those rights is the North Carolina Department of Labor. This means the protections the Article provides to migrants cannot be contracted away by the workers themselves, regardless of what any agreement says.
Plain English — not legal advice.
Operators who house migrant workers should understand that N.C. Gen. Stat. § 95-228 renders unenforceable any clause in a lease, contract, or other agreement that purports to have a migrant worker give up or limit the protections of N.C. Gen. Stat. § 95-222 et seq. Compliant operators do not include such waiver language in their agreements and do not rely on signed waivers from workers as a defense against Article violations. Only a formal modification granted by the North Carolina Department of Labor carries legal weight under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Migrant workers covered by N.C. Gen. Stat. § 95-222 et seq. retain their statutory rights even if they signed a document purporting to waive or limit those rights, because N.C. Gen. Stat. § 95-228 makes such agreements void as contrary to public policy. If a landlord or employer claims that a signed agreement eliminates protections under the Article, that claim has no legal force under this provision. Tenants who believe their rights under the Migrant Housing Act have been violated may consider contacting the North Carolina Department of Labor or a local tenant-rights or farmworker-advocacy organization to learn about available complaint processes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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