S 1374 ISCommentsClose CommentsPermalink

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

June 25, 2009CommentsClose CommentsPermalink

Mr. BROWN (for himself, Mr. KERRY, Mr. DURBIN, Mr. HARKIN, and Mr. FEINGOLD) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Forewarn Act’.CommentsClose CommentsPermalink

SEC. 2. AMENDMENTS TO THE WARN ACT.

(a) Definitions-CommentsClose CommentsPermalink





(1) EMPLOYER, PLANT CLOSING, AND MASS LAYOFF- Paragraphs (1) through (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101(a) (1)-(3)) are amended to read as follows:CommentsClose CommentsPermalink





‘(1) the term ‘employer’ means any business enterprise that employs 75 or more employees and includes any parent corporation of which such business enterprise is a subsidiary;CommentsClose CommentsPermalink





‘(2) the term ‘plant closing’ means the permanent or temporary shutdown of a single site of employment, or of one or more facilities or operating units within a single site of employment, which results in an employment loss at such site, during any 30-day period, for 25 or more employees;CommentsClose CommentsPermalink





‘(3) the term ‘mass layoff’ means a reduction in force at a single site of employment which results in an employment loss at such site, during any 30-day period, for 25 or more employees;’.CommentsClose CommentsPermalink





(2) SECRETARY OF LABOR-CommentsClose CommentsPermalink





(A) DEFINITION- Paragraph (8) of section 2(a) of such Act (29 U.S.C. 2101(a)(8)) is amended to read as follows:CommentsClose CommentsPermalink





‘(8) the term ‘Secretary’ means the Secretary of Labor or a representative of the Secretary of Labor.’.CommentsClose CommentsPermalink





(B) REGULATIONS- Section 8(a) of such Act (29 U.S.C. 2107(a)) is amended by striking ‘of Labor’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) NOTICE- Section 3(d) of such Act (29 U.S.C. 2102(d)) is amended by striking out ‘, each of which is less than the minimum number of employees specified in section 2(a)(2) or (3) but which in the aggregate exceed that minimum number,’ and inserting ‘which in the aggregate exceed the minimum number of employees specified in section 2(a)(2) or (3)’.CommentsClose CommentsPermalink





(B) DEFINITIONS- Section 2(b)(1) of such Act (29 U.S.C. 2101(b)(1)) is amended by striking ‘(other than a part-time employee)’.CommentsClose CommentsPermalink





(b) Notice-CommentsClose CommentsPermalink





(1) NOTICE PERIOD- Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended by striking ‘60-day period’ and inserting ‘90-day period’ each place it appears.CommentsClose CommentsPermalink





(2) RECIPIENTS- Section 3(a) of such Act (29 U.S.C. 2102(a)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘or, if there is no such representative at that time, to each affected employee; and’ and inserting ‘and to each affected employee;’; andCommentsClose CommentsPermalink





(B) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) to the Secretary and the Governor of the State where the plant closing or mass layoff is to occur; and’.CommentsClose CommentsPermalink





(3) NOTICE EXCUSED WHERE CAUSED BY TERRORIST ATTACK- Section 3(b)(2) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(b)(2)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(C) No notice under this Act shall be required if the plant closing or mass layoff is due directly to a terrorist attack on the United States.’.CommentsClose CommentsPermalink





(4) CONTENT OF NOTICE- Section 3 of such Act (29 U.S.C. 2102) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Content of Notices- An employer who is required to provide notice as required under subsection (a) shall include--CommentsClose CommentsPermalink





‘(1) in each notice required under such subsection--CommentsClose CommentsPermalink





‘(A) a statement of the number of affected employees;CommentsClose CommentsPermalink





‘(B) the reason for the plant closing or mass layoff;CommentsClose CommentsPermalink





‘(C) the availability of employment at other establishments owned by the employer;CommentsClose CommentsPermalink





‘(D) a statement of each employee’s rights with respect to wages and severance and employee benefits; andCommentsClose CommentsPermalink





‘(E) a statement of the available employment and training services provided by the Department of Labor; andCommentsClose CommentsPermalink





‘(2) in each notice required under such subsection except for the notice provided to individual employees, the names, addresses, and occupations of the affected employees.’.CommentsClose CommentsPermalink





(5) INFORMATION REGARDING BENEFITS AND SERVICES AVAILABLE TO WORKERS AND DOL NOTICE TO CONGRESS- Section 3 of such Act (29 U.S.C. 2102) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Information Regarding Benefits and Services Available to Employees- Concurrent with or immediately after providing the notice required under subsection (a)(1), an employer shall provide affected employees with information regarding the benefits and services available to such employees, as described in the guide compiled by the Secretary under section 13.CommentsClose CommentsPermalink





‘(g) Access of Rapid Response Teams- An employer who is required to provide notice under subsection (a) shall permit, during work hours, reasonable on-site access to any Federal, State, or local rapid response team under section 134(a)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)) responsible for providing reemployment, training services, and related services to affected employees.CommentsClose CommentsPermalink





‘(h) DOL Notice to Congress- As soon as practicable and not later than 15 days after receiving notice under subsection (a)(2), the Secretary of Labor shall notify the appropriate Senators and Members of the House of Representatives who represent the area or areas where the plant closing or mass layoff is to occur.’.CommentsClose CommentsPermalink





(c) Enforcement-CommentsClose CommentsPermalink





(1) AMOUNT- Section 5(a)(1) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104(a)(1)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘back pay for each day of violation’ and inserting ‘two days’ pay multiplied by the number of calendar days for which the employer was required but failed to provide notice before such closing or layoff’; andCommentsClose CommentsPermalink





(ii) in clause (ii), by striking ‘and’ at the end thereof;CommentsClose CommentsPermalink





(B) by redesignating subparagraph (B) as subparagraph (C);CommentsClose CommentsPermalink





(C) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) interest on the amount described in subparagraph (A) calculated at the prevailing rate; and’; andCommentsClose CommentsPermalink





(D) by striking the matter following subparagraph (C) (as so redesignated).CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 5(a)(3) of such Act (29 U.S.C. 2104(a)(3)) is amended by inserting ‘, the Secretary, or the Governor’ after ‘unit of local government’.CommentsClose CommentsPermalink





(3) EXEMPTION- Section 5(a)(4) of such Act (29 U.S.C. 2104(a)(4)) is amended by striking ‘reduce the amount of the liability or penalty provided for in this section’ and inserting ‘reduce the amount of the liability under paragraph (1) and reduce the amount of the penalty provided for in paragraph (3)’.CommentsClose CommentsPermalink





(4) ADMINISTRATIVE COMPLAINT- Section 5(a)(5) of such Act (29 U.S.C. 2104(a)(5)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘may sue’ and inserting ‘may,’;CommentsClose CommentsPermalink





(B) by inserting after ‘both,’ the following: ‘(A) file a complaint with the Secretary alleging a violation of section 3, or (B) bring suit,’; andCommentsClose CommentsPermalink





(C) by adding at the end thereof the following new sentence: ‘A person seeking to enforce such liability may use one or both of the enforcement mechanisms described in subparagraphs (A) and (B).’.CommentsClose CommentsPermalink





(5) ACTION BY THE SECRETARY- Section 5 of such Act (29 U.S.C. 2104) is further amended--CommentsClose CommentsPermalink





(A) by redesignating subsection (b) as subsection (d); andCommentsClose CommentsPermalink





(B) by inserting after subsection (a) the following new subsections:CommentsClose CommentsPermalink





‘(b) Action by the Secretary-CommentsClose CommentsPermalink





‘(1) ADMINISTRATIVE ACTION- The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 3 by an employer in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207).CommentsClose CommentsPermalink





‘(2) SUBPOENA POWERS- For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).CommentsClose CommentsPermalink





‘(3) CIVIL ACTION- The Secretary may bring an action in any court of competent jurisdiction to recover on behalf of an employee the backpay, interest, benefits, and liquidated damages described in subsection (a).CommentsClose CommentsPermalink





‘(4) SUMS RECOVERED- Any sums recovered by the Secretary on behalf of an employee under subparagraphs (A) and (B) of subsection (a)(1) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years, and any sums recovered by the Secretary under subparagraph (C) of subsection (a)(1), shall be credited as an offsetting collection to the appropriations account of the Secretary for expenses for the administration of this Act and shall remain available to the Secretary until expended.CommentsClose CommentsPermalink





‘(5) ACTION TO COMPEL RELIEF BY SECRETARY- The district courts of the United States shall have jurisdiction, for cause shown, over an action brought by the Secretary to restrain the withholding of payment of back pay, interest, benefits, or other compensation, plus interest, found by the court to be due to employees under this Act.CommentsClose CommentsPermalink





‘(c) Limitations-CommentsClose CommentsPermalink





‘(1) LIMITATIONS PERIOD- An action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.CommentsClose CommentsPermalink





‘(2) LIMITATION ON PRIVATE ACTION WHILE ACTION OF SECRETARY IS PENDING- If the Secretary has instituted an enforcement action or proceeding under subsection (b), an individual employee may not bring an action under subsection (a) during the pendency of the proceeding against any person with respect to whom the Secretary has instituted the proceeding.’.CommentsClose CommentsPermalink





(d) Posting of Notices; Penalties- Section 11 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 note) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 11. POSTING OF NOTICES; PENALTIES.

‘(a) Posting of Notices- Each employer shall post and keep posted in conspicuous places upon its premises where notices to employees are customarily posted a notice to be prepared or approved by the Secretary setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertinent to the filing of a complaint.CommentsClose CommentsPermalink





‘(b) Penalties- The Secretary may impose a civil penalty on any person who willfully violates this section of not more than $500 for each separate offense.’.CommentsClose CommentsPermalink





(e) Non-waiver of Rights and Remedies; Information Regarding Benefits and Services Available to Employees- Such Act (29 U.S.C. 2101 et seq.) is further amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIVER.

‘(a) In General- The rights and remedies provided under this Act (including the right to maintain a civil action) may not be waived, deferred, or lost pursuant to any agreement or settlement other than an agreement or settlement described in subsection (b).CommentsClose CommentsPermalink





‘(b) Agreement or Settlement- An agreement or settlement referred to in subsection (a) is an agreement or settlement negotiated by the Secretary, an attorney general of any State, or a private attorney on behalf of affected employees.CommentsClose CommentsPermalink

‘SEC. 13. INFORMATION REGARDING BENEFITS AND SERVICES AVAILABLE TO WORKERS.

‘The Secretary of Labor shall maintain a guide of benefits and services which may be available to affected employees, including unemployment compensation, trade adjustment assistance, COBRA benefits, and early access to training services and other services, including counseling services, available under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801). Such guide shall be available on the Internet website of the Department of Labor and shall include a description of the benefits and services, the eligibility requirements, and the means of obtaining such benefits and services. Upon receiving notice from an employer under section 3(a)(2), the Secretary shall immediately transmit such guide to such employer.’.CommentsClose CommentsPermalink

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

In addition to funds authorized to be appropriated for the general enforcement of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.), there is authorized to be appropriated to the Secretary of Labor such additional sums as may be necessary for the additional enforcement authority authorized by the amendments made by this Act.CommentsClose CommentsPermalink