To amend the Worker Adjustment and Retraining Notification Act to improve such Act.
Mr. MCHUGH introduced the following bill; which was referred to the Committee on Education and Labor
To amend the Worker Adjustment and Retraining Notification Act to improve such Act.
(a) Definitions- Section 2(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101(a)) is amended--
(1) in paragraph (1)--
(A) by striking `100' each place that such appears and inserting `50'; and
(B) in subparagraph (B), by striking `4,000' and inserting `2,000';
(2) in paragraph (2), by striking `50' and inserting `25'; and
(3) in paragraph (3)(B)(ii), by striking `500' and inserting `100'.
(b) Notice Required- Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended--
(1) in subsection (a), by striking `60-day' and inserting `90-day';
(2) in subsection (b), by striking `60-day' each place that such appears and inserting `90-day'; and
(3) by adding at the end the following:
`(e) Calendar Days- All references in this Act to `days' shall mean calendar days.'.
(c) Notice to Other Parties and Secretary of Labor- Section 3(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a) is amended--
(1) in the subsection heading, by striking `Local Governments' and inserting `Government Officials';
(2) in paragraph (1), by striking `; and' and inserting a semicolon;
(3) in paragraph (2), by striking the period and inserting a semicolon; and
(4) by adding after paragraph (2) the following:
`(2) to the Secretary of Labor, including the number of employees affected;
`(3) to the United States Senators, United States Representative, State Senator, and State Representative who represent the area in which the plant is located; and
`(4) to the Governor of the State in which the plant is located and to the chief elected official of the unit of local government within such closing or layoff is to occur.'.
(d) Determinations With Respect to Employment Loss- Section 3(d) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(d)) is amended by striking `, each of which is less than the minimum number' and all that follows, and inserting `during any 180-day period, one or more of which is less than the minimum number specified in section 2(a)(2) or (3) but which in the aggregate equal or exceed that minimum number, shall be considered a plant closing or mass layoff.'.
(e) Penalty- Section 5 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104) is amended--
(1) in subsection (a)(1)(A), by striking `back pay' and inserting `two days' pay multiplied by the number of calendar days short of 90 that the company provided notice before such closing or layoff';
(2) in the matter following subparagraph (B), by striking `60 days' and inserting `90 days'; and
(3) by adding at the end the following:
`(c) Authority of Secretary of Labor- A civil action may be brought by the Secretary of Labor (or the appropriate State attorney general if the Secretary fails to act within 6 months of the alleged violation) on behalf of one or more employees for relief under this section.'.
(f) Educational Materials- The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) is amended by adding at the end the following:
U.S. Congress - Text of H.R.3662 as Introduced in House Forewarn Act of 2007
