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-CITE-
29 USC CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING
NOTIFICATION 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-MISC1-
Sec.
2101. Definitions; exclusions from definition of loss of
employment.
2102. Notice required before plant closings and mass
layoffs.
2103. Exemptions.
2104. Administration and enforcement of requirements.
2105. Procedures in addition to other rights of employees.
2106. Procedures encouraged where not required.
2107. Authority to prescribe regulations.
2108. Effect on other laws.
2109. Report on employment and international
competitiveness.

-End-



-CITE-
29 USC Sec. 2101 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
Sec. 2101. Definitions; exclusions from definition of loss of
employment

-STATUTE-
(a) Definitions
As used in this chapter -
(1) the term "employer" means any business enterprise that
employs -
(A) 100 or more employees, excluding part-time employees; or
(B) 100 or more employees who in the aggregate work at least
4,000 hours per week (exclusive of hours of overtime);

(2) the term "plant closing" means the permanent or temporary
shutdown of a single site of employment, or one or more
facilities or operating units within a single site of employment,
if the shutdown results in an employment loss at the single site
of employment during any 30-day period for 50 or more employees
excluding any part-time employees;
(3) the term "mass layoff" means a reduction in force which -
(A) is not the result of a plant closing; and
(B) results in an employment loss at the single site of
employment during any 30-day period for -
(i)(I) at least 33 percent of the employees (excluding any
part-time employees); and
(II) at least 50 employees (excluding any part-time
employees); or
(ii) at least 500 employees (excluding any part-time
employees);

(4) the term "representative" means an exclusive representative
of employees within the meaning of section 159(a) or 158(f) of
this title or section 152 of title 45;
(5) the term "affected employees" means employees who may
reasonably be expected to experience an employment loss as a
consequence of a proposed plant closing or mass layoff by their
employer;
(6) subject to subsection (b) of this section, the term
"employment loss" means (A) an employment termination, other than
a discharge for cause, voluntary departure, or retirement, (B) a
layoff exceeding 6 months, or (C) a reduction in hours of work of
more than 50 percent during each month of any 6-month period;
(7) the term "unit of local government" means any general
purpose political subdivision of a State which has the power to
levy taxes and spend funds, as well as general corporate and
police powers; and
(8) the term "part-time employee" means an employee who is
employed for an average of fewer than 20 hours per week or who
has been employed for fewer than 6 of the 12 months preceding the
date on which notice is required.
(b) Exclusions from definition of employment loss
(1) In the case of a sale of part or all of an employer's
business, the seller shall be responsible for providing notice for
any plant closing or mass layoff in accordance with section 2102 of
this title, up to and including the effective date of the sale.
After the effective date of the sale of part or all of an
employer's business, the purchaser shall be responsible for
providing notice for any plant closing or mass layoff in accordance
with section 2102 of this title. Notwithstanding any other
provision of this chapter, any person who is an employee of the
seller (other than a part-time employee) as of the effective date
of the sale shall be considered an employee of the purchaser
immediately after the effective date of the sale.
(2) Notwithstanding subsection (a)(6) of this section, an
employee may not be considered to have experienced an employment
loss if the closing or layoff is the result of the relocation or
consolidation of part or all of the employer's business and, prior
to the closing or layoff -
(A) the employer offers to transfer the employee to a different
site of employment within a reasonable commuting distance with no
more than a 6-month break in employment; or
(B) the employer offers to transfer the employee to any other
site of employment regardless of distance with no more than a 6-
month break in employment, and the employee accepts within 30
days of the offer or of the closing or layoff, whichever is
later.

-SOURCE-
(Pub. L. 100-379, Sec. 2, Aug. 4, 1988, 102 Stat. 890.)


-MISC1-
EFFECTIVE DATE
Section 11 of Pub. L. 100-379 provided that: "This Act [enacting
this chapter] shall take effect on the date which is 6 months after
the date of enactment of this Act [Aug. 4, 1988], except that the
authority of the Secretary of Labor under section 8 [section 2107
of this title] is effective upon enactment."

SHORT TITLE
Section 1(a) of Pub. L. 100-379 provided that: "This Act
[enacting this chapter] may be cited as the 'Worker Adjustment and
Retraining Notification Act'."

-End-



-CITE-
29 USC Sec. 2102 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
Sec. 2102. Notice required before plant closings and mass layoffs

-STATUTE-
(a) Notice to employees, State dislocated worker units, and local
governments
An employer shall not order a plant closing or mass layoff until
the end of a 60-day period after the employer serves written notice
of such an order -
(1) to each representative of the affected employees as of the
time of the notice or, if there is no such representative at that
time, to each affected employee; and
(2) to the State or entity designated by the State to carry out
rapid response activities under section 2864(a)(2)(A) of this
title, and the chief elected official of the unit of local
government within which such closing or layoff is to occur.

If there is more than one such unit, the unit of local government
which the employer shall notify is the unit of local government to
which the employer pays the highest taxes for the year preceding
the year for which the determination is made.
(b) Reduction of notification period
(1) An employer may order the shutdown of a single site of
employment before the conclusion of the 60-day period if as of the
time that notice would have been required the employer was actively
seeking capital or business which, if obtained, would have enabled
the employer to avoid or postpone the shutdown and the employer
reasonably and in good faith believed that giving the notice
required would have precluded the employer from obtaining the
needed capital or business.
(2)(A) An employer may order a plant closing or mass layoff
before the conclusion of the 60-day period if the closing or mass
layoff is caused by business circumstances that were not reasonably
foreseeable as of the time that notice would have been required.
(B) No notice under this chapter shall be required if the plant
closing or mass layoff is due to any form of natural disaster, such
as a flood, earthquake, or the drought currently ravaging the
farmlands of the United States.
(3) An employer relying on this subsection shall give as much
notice as is practicable and at that time shall give a brief
statement of the basis for reducing the notification period.
(c) Extension of layoff period
A layoff of more than 6 months which, at its outset, was
announced to be a layoff of 6 months or less, shall be treated as
an employment loss under this chapter unless -
(1) the extension beyond 6 months is caused by business
circumstances (including unforeseeable changes in price or cost)
not reasonably foreseeable at the time of the initial layoff; and
(2) notice is given at the time it becomes reasonably
foreseeable that the extension beyond 6 months will be required.
(d) Determinations with respect to employment loss
For purposes of this section, in determining whether a plant
closing or mass layoff has occurred or will occur, employment
losses for 2 or more groups at a single site of employment, each of
which is less than the minimum number of employees specified in
section 2101(a)(2) or (3) of this title but which in the aggregate
exceed that minimum number, and which occur within any 90-day
period shall be considered to be a plant closing or mass layoff
unless the employer demonstrates that the employment losses are the
result of separate and distinct actions and causes and are not an
attempt by the employer to evade the requirements of this chapter.

-SOURCE-
(Pub. L. 100-379, Sec. 3, Aug. 4, 1988, 102 Stat. 891; Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(26), (f)(18)],
Oct. 21, 1998, 112 Stat. 2681-337, 2681-424, 2681-432.)


-MISC1-
AMENDMENTS
1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(f)(18)], struck out "the State dislocated worker unit or
office (referred to in section 1661(b)(2) of this title), or"
before "the State or entity".
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(26)],
substituted "to the State dislocated worker unit or office
(referred to in section 1661(b)(2) of this title), or the State or
entity designated by the State to carry out rapid response
activities under section 2864(a)(2)(A) of this title, and the
chief" for "to the State dislocated worker unit (designated or
created under title III of the Job Training Partnership Act) and
the chief".

EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 101(f) [title VIII, Sec. 405(d)(26)] of Pub.
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
[title VIII, Sec. 405(f)(18)] of Pub. L. 105-277 effective July 1,
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of
Pub. L. 105-277, set out as a note under section 3502 of Title 5,
Government Organization and Employees.

-End-



-CITE-
29 USC Sec. 2103 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
Sec. 2103. Exemptions

-STATUTE-
This chapter shall not apply to a plant closing or mass layoff if
-
(1) the closing is of a temporary facility or the closing or
layoff is the result of the completion of a particular project or
undertaking, and the affected employees were hired with the
understanding that their employment was limited to the duration
of the facility or the project or undertaking; or
(2) the closing or layoff constitutes a strike or constitutes a
lockout not intended to evade the requirements of this chapter.
Nothing in this chapter shall require an employer to serve
written notice pursuant to section 2102(a) of this title when
permanently replacing a person who is deemed to be an economic
striker under the National Labor Relations Act [29 U.S.C. 151 et
seq.]: Provided, That nothing in this chapter shall be deemed to
validate or invalidate any judicial or administrative ruling
relating to the hiring of permanent replacements for economic
strikers under the National Labor Relations Act.

-SOURCE-
(Pub. L. 100-379, Sec. 4, Aug. 4, 1988, 102 Stat. 892.)

-REFTEXT-
REFERENCES IN TEXT
The National Labor Relations Act, referred to in par. (2), is act
July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is
classified generally to subchapter II (Sec. 151 et seq.) of chapter
7 of this title. For complete classification of this Act to the
Code, see section 167 of this title and Tables.

-End-



-CITE-
29 USC Sec. 2104 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
Sec. 2104. Administration and enforcement of requirements

-STATUTE-
(a) Civil actions against employers
(1) Any employer who orders a plant closing or mass layoff in
violation of section 2102 of this title shall be liable to each
aggrieved employee who suffers an employment loss as a result of
such closing or layoff for -
(A) back pay for each day of violation at a rate of
compensation not less than the higher of -
(i) the average regular rate received by such employee during
the last 3 years of the employee's employment; or
(ii) the final regular rate received by such employee; and

(B) benefits under an employee benefit plan described in
section 1002(3) of this title, including the cost of medical
expenses incurred during the employment loss which would have
been covered under an employee benefit plan if the employment
loss had not occurred.

Such liability shall be calculated for the period of the violation,
up to a maximum of 60 days, but in no event for more than one-half
the number of days the employee was employed by the employer.
(2) The amount for which an employer is liable under paragraph
(1) shall be reduced by -
(A) any wages paid by the employer to the employee for the
period of the violation;
(B) any voluntary and unconditional payment by the employer to
the employee that is not required by any legal obligation; and
(C) any payment by the employer to a third party or trustee
(such as premiums for health benefits or payments to a defined
contribution pension plan) on behalf of and attributable to the
employee for the period of the violation.

In addition, any liability incurred under paragraph (1) with
respect to a defined benefit pension plan may be reduced by
crediting the employee with service for all purposes under such a
plan for the period of the violation.
(3) Any employer who violates the provisions of section 2102 of
this title with respect to a unit of local government shall be
subject to a civil penalty of not more than $500 for each day of
such violation, except that such penalty shall not apply if the
employer pays to each aggrieved employee the amount for which the
employer is liable to that employee within 3 weeks from the date
the employer orders the shutdown or layoff.
(4) If an employer which has violated this chapter proves to the
satisfaction of the court that the act or omission that violated
this chapter was in good faith and that the employer had reasonable
grounds for believing that the act or omission was not a violation
of this chapter the court may, in its discretion, reduce the amount
of the liability or penalty provided for in this section.
(5) A person seeking to enforce such liability, including a
representative of employees or a unit of local government aggrieved
under paragraph (1) or (3), may sue either for such person or for
other persons similarly situated, or both, in any district court of
the United States for any district in which the violation is
alleged to have occurred, or in which the employer transacts
business.
(6) In any such suit, the court, in its discretion, may allow the
prevailing party a reasonable attorney's fee as part of the costs.
(7) For purposes of this subsection, the term,(!1) "aggrieved
employee" means an employee who has worked for the employer
ordering the plant closing or mass layoff and who, as a result of
the failure by the employer to comply with section 2102 of this
title, did not receive timely notice either directly or through his
or her representative as required by section 2102 of this title.

(b) Exclusivity of remedies
The remedies provided for in this section shall be the exclusive
remedies for any violation of this chapter. Under this chapter, a
Federal court shall not have authority to enjoin a plant closing or
mass layoff.

-SOURCE-
(Pub. L. 100-379, Sec. 5, Aug. 4, 1988, 102 Stat. 893.)

-FOOTNOTE-
(!1) So in original. The comma probably should not appear.


-End-



-CITE-
29 USC Sec. 2105 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
Sec. 2105. Procedures in addition to other rights of employees

-STATUTE-
The rights and remedies provided to employees by this chapter are
in addition to, and not in lieu of, any other contractual or
statutory rights and remedies of the employees, and are not
intended to alter or affect such rights and remedies, except that
the period of notification required by this chapter shall run
concurrently with any period of notification required by contract
or by any other statute.

-SOURCE-
(Pub. L. 100-379, Sec. 6, Aug. 4, 1988, 102 Stat. 894.)

-End-



-CITE-
29 USC Sec. 2106 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
Sec. 2106. Procedures encouraged where not required

-STATUTE-
It is the sense of Congress that an employer who is not required
to comply with the notice requirements of section 2102 of this
title should, to the extent possible, provide notice to its
employees about a proposal to close a plant or permanently reduce
its workforce.

-SOURCE-
(Pub. L. 100-379, Sec. 7, Aug. 4, 1988, 102 Stat. 894.)

-End-



-CITE-
29 USC Sec. 2107 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
Sec. 2107. Authority to prescribe regulations

-STATUTE-
(a) The Secretary of Labor shall prescribe such regulations as
may be necessary to carry out this chapter. Such regulations shall,
at a minimum, include interpretative regulations describing the
methods by which employers may provide for appropriate service of
notice as required by this chapter.
(b) The mailing of notice to an employee's last known address or
inclusion of notice in the employee's paycheck will be considered
acceptable methods for fulfillment of the employer's obligation to
give notice to each affected employee under this chapter.

-SOURCE-
(Pub. L. 100-379, Sec. 8, Aug. 4, 1988, 102 Stat. 894.)

-End-



-CITE-
29 USC Sec. 2108 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
Sec. 2108. Effect on other laws

-STATUTE-
The giving of notice pursuant to this chapter, if done in good
faith compliance with this chapter, shall not constitute a
violation of the National Labor Relations Act [29 U.S.C. 151 et
seq.] or the Railway Labor Act [45 U.S.C. 151 et seq.].

-SOURCE-
(Pub. L. 100-379, Sec. 9, Aug. 4, 1988, 102 Stat. 894.)

-REFTEXT-
REFERENCES IN TEXT
The National Labor Relations Act, referred to in text, is act
July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is
classified generally to subchapter II (Sec. 151 et seq.) of chapter
7 of this title. For complete classification of this Act to the
Code, see section 167 of this title and Tables.
The Railway Labor Act, referred to in text, is act May 20, 1926,
ch. 347, 44 Stat. 577, as amended, which is classified principally
to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads. For
complete classification of this Act to the Code, see section 151 of
Title 45 and Tables.

-End-



-CITE-
29 USC Sec. 2109 01/03/2007

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

-HEAD-
Sec. 2109. Report on employment and international competitiveness

-STATUTE-
Two years after August 4, 1988, the Comptroller General shall
submit to the Committee on Small Business of both the House and
Senate, the Committee on Labor and Human Resources, and the
Committee on Education and Labor a report containing a detailed and
objective analysis of the effect of this chapter on employers
(especially small- and medium-sized businesses), the economy
(international competitiveness), and employees (in terms of levels
and conditions of employment). The Comptroller General shall assess
both costs and benefits, including the effect on productivity,
competitiveness, unemployment rates and compensation, and worker
retraining and readjustment.

-SOURCE-
(Pub. L. 100-379, Sec. 10, Aug. 4, 1988, 102 Stat. 894.)

-CHANGE-
CHANGE OF NAME
Committee on Small Business of Senate changed to Committee on
Small Business and Entrepreneurship of Senate. See Senate
Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
Committee on Labor and Human Resources of Senate changed to
Committee on Health, Education, Labor, and Pensions of Senate by
Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
1999.
Committee on Education and Labor of House of Representatives
treated as referring to Committee on Economic and Educational
Opportunities of House of Representatives by section 1(a) of Pub.
L. 104-14, set out as a note preceding section 21 of Title 2, The
Congress. Committee on Economic and Educational Opportunities of
House of Representatives changed to Committee on Education and the
Workforce of House of Representatives by House Resolution No. 5,
One Hundred Fifth Congress, Jan. 7, 1997.

-End-
   

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