Early Warning and Health Care for Workers Affected by Globalization Act

To amend the Worker Adjustment and Retraining Notification Act to minimize the adverse effects of employment dislocation, and for other purposes.

10/25/2007--Reported to House amended. Early Warning and Health Care for Workers Affected by Globalization Act - Amends the Worker Adjustment and Retraining Notification Act (the Act) to redefine the terms "employer," "plant closing," "mass layoff", and "employees" for purposes of the Act. Requires an employer to:
(1) give 90-day written notice (under current law, 60-day) to employees (including part-time employees) and appropriate state and local governments before ordering a plant closing or mass layoff;
(2) notify the Secretary of Labor (Secretary) of such closing or layoff; and
(3) provide affected employees with information regarding benefits and services available to them, including unemployment compensation, trade adjustment assistance, COBRA benefits, and certain other services. Requires the Secretary to notify the appropriate U.S. Senators and Members of the House of Representatives who represent the area where such closing or mass layoff is to occur. Makes an employer who violates such notice requirements liable to the employee for, among other things, two days pay (under current law, back pay for each day of violation) multiplied by the number of days short of the required 90 day notice that was not given, including interest on such pay. Authorizes an affected employee to file a complaint against the employer individually and/or with the Secretary alleging a violation of the notice requirements. Requires the Secretary to investigate and attempt to resolve complaints of violations committed by an employer. Authorizes the Secretary to bring an action in court to recover on behalf of an affected employee any backpay, interest, benefits, and liquidated damages due to the employee. Requires an employer to post conspicuously upon its premises pertinent provisions of this Act and information on the filing of a complaint. Sets forth a civil penalty for willful violation of such requirement. Provides that the rights and remedies provided in this Act can't be waived. Requires the Secretary to maintain a guide on the benefits and services available to affected employees. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to extend COBRA continuation coverage for certain qualified Trade Adjustment Assistance (TAA) eligible employees.

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Sponsor

• Rep. George Miller [D, CA-7]
• and 13 Co-Sponsors
  • Rep. Timothy Bishop [D, NY-1]
  • Rep. Danny Davis [D, IL-7]
  • Rep. Raul Grijalva [D, AZ-7]
  • Rep. Phil Hare [D, IL-17]
  • Rep. Mazie Hirono [D, HI-2]
  • Rep. Marcy Kaptur [D, OH-9]
  • Rep. Dale Kildee [D, MI-5]
  • Rep. Dennis Kucinich [D, OH-10]
  • Rep. Carolyn McCarthy [D, NY-4]
  • Rep. Linda Sánchez [D, CA-39]
  • Rep. John Sarbanes [D, MD-3]
  • Rep. Carol Shea-Porter [D, NH-1]
  • Rep. Lynn Woolsey [D, CA-6]
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Committees

• House Education and Labor

Amendments

This bill has no amendments.

Amendments to H.R.3796

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
October 10, 2007

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All Bill Actions

• Added to calendar on Oct 25, 2007: Placed on the Union Calendar, Calendar No. 258..
• Oct 25, 2007: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-410.
• Oct 18, 2007: Committee Consideration and Mark-up Session Held.
• Added to calendar on Oct 18, 2007: Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 18..
• Introduced on Oct 10, 2007.
• Oct 10, 2007: Referred to the House Committee on Education and Labor.

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Related Issue Areas:

• Labor
• Actions and defenses
• Communications
• Congressional reporting requirements
• 23 more
• Damages
• Employee health benefits
• Employee rights
• Employers' liability
• Finance
• Fines (Penalties)
• Government information
• Government paperwork
• Government publications
• Governmental investigations
• Grievance procedures
• Health insurance continuation
• Health policy
• Interest
• Law
• Layoffs
• Medical care
• Plant shutdowns
• Signs and signboards
• Trade
• Trade adjustment assistance
• Unemployment insurance
• Wage restitution

Data from the Congressional Research Service

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Blog Coverage

May 20, 2008 AFL-CIO NOW BLOG | WARN Act Plant Closing Law Needs Broader Scope ...

A similar bill (H.R. 3796), introduced by Rep. George Miller (D-Calif.), was passed by the House in October but faces a veto threat from President Bush. Trumka called both bills “tremendous progress.” But with mass layoffs occurring at ...

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January 28, 2008 WARN ACT NEWS: State WARN Act News: New Jersey Passes Advance ...

WARN Act Reform In U.S. Congress: Early Warning and Health Care for Workers Affected by Globalization Act (HR 3796) | Main | WARN Act Reform In Congress: Update On WARN Act Amendments And Trade Adjustment Assistance ...

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Source: WARN ACT NEWS

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January 15, 2008 Early Warning and Health Care for Workers Affected by ...

United States. Congress. House. Committee on Education and Labor.

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Source: New Materials in English

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