,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #higg  ,,in ,,the ,,house ,,of  
,,representatives  ,december #af1       
#bjbj,mrs4 ,dingell 7for herself and    
,mr4 ,de,saulnier7 introduced the       
following bill2 which was referred to   
the ,committee on ,education and ,labor1
 and in addition to the ,committee on   
,ways and ,means1 for a period to be    
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to require employers to     
provide training to employees whose jobs
 are in danger of being changed or      
replaced due to technology1 and for     
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,workers'      
,right to ,training ,act4  #b4          
,definitions ,in this ,act3 7#a7        
,affected employee ,the term affected   
employee means an employee who may      
reasonably be expected to experience a  
change in employment position or an     

employment loss as a consequence of the 
use of technology by the employer of the
 employee4  7#b7 ,change in employment  
position ,the term change in employment 
position means a material change-- 7,a7 
in pay or benefits1 working conditions1 
or schedule of an employee2 or  7,b7    
that results in an unreasonable commute 
for the employee4  7#c7 ,committee of   
employees ,the term committee of        
employees means a committee of          
nonsupervisory1 nonmanagerial employees 
of an employer4  7#d7 ,employee ,the    
term employee means any individual who  
provides labor or services for          
remuneration by an employer1 unless the 
employer demonstrates that all of the   
following conditions are satisfied3 7,a7
 ,the individual is free from the       
control and direction of the hiring     
entity in connection with the           
performance of the work1 both under the 
contract for the performance of the work
 and in fact4  7,b7 ,the individual     
performs work that is outside the usual 

course of the hiring entity's business4 
7,c7 ,the individual is customarily     
engaged in an independently established 
trade1 occupation1 or business of the   
same nature as that involved in the work
 performed4  7#e7 ,employer  7,a7 ,in   
general ,the term employer means any    
business enterprise1 including the      
nominal employer and any entity that is 
a parent of1 or is integrated with1 the 
business enterprise1 that-- 7i7 is      
engaged in interstate commerce or in the
 production of goods or services for    
interstate commerce2 and  7ii7 employs  
not less than #be employees1 including  
part-time employees4  7,b7 ,multiple    
employers ,two or more business         
enterprises shall each be considered an 
employer with respect to an employee1 if
 each such business enterprise          
codetermines or shares control over the 
employee's essential terms and          
conditions of employment4 ,in           
determining whether multiple business   
enterprises are employers of an         

employee-- 7i7 it shall be relevant to  
consider whether each enterprise has--  
7,i7 direct control and indirect control
 over the terms and conditions of the   
employee2  7,,ii7 reserved authority to 
control such terms and conditions2 and  
7,,iii7 control over such terms and     
conditions exercised by a person in     
fact2 and  7ii7 the existence of        
indirect control or reserved authority  
alone by a business enterprise may be   
sufficient to establish the employer    
relationship1 given specific facts and  
circumstances4  7,c7 ,definitions ,for  
the purposes of this paragraph3 7i7     
,integrated ,the term integrated1 when  
used with respect to a business         
enterprise1 means a business enterprise 
whose relationship with another business
 enterprise includes-- 7,i7 common      
ownership2  7,,ii7 common directors or  
officers2  7,,iii7 de facto exercise of 
control2  7,,iv7 unity of personnel     
policies emanating from a common source2
 or  7,v7 dependency of operations4     

7ii7 ,parent ,the term parent means a   
business enterprise that participates   
directly or indirectly in making        
decisions that affect employees of      
another business enterprise4  7#f7      
,employment loss ,the term employment   
loss means-- 7,a7 an employment         
termination1 other than a discharge for 
cause1 voluntary departure1 or          
retirement2 or  7,b7 a reduction in     
hours of work of more than #ej percent  
during each month of any #f-month       
period4  7#g7 ,institution of higher    
education ,the term institution of      
higher education has the meaning given  
the term in section #aja of the ,higher 
,education ,act of #aife 7#bj ,u4,s4,c4 
#ajja74  7#h7 ,recognized postsecondary 
credential ,the term recognized         
postsecondary credential has the meaning
 given the term in section #c of the    
,workforce ,innovation and ,opportunity 
,act 7#bi ,u4,s4,c4 #cajb74  7#i7       
,registered apprenticeship ,the term    
registered apprenticeship means an      

apprenticeship registered under the ,act
 of ,august #af1 #aicg 7commonly known  
as the ,national ,apprenticeship ,act2  
#ej ,stat4 #ffd1 chapter #ffc2 #bi      
,u4,s4,c4 #ej et seq474  7#aj7          
,representative ,the term representative
 means an exclusive representative of   
employees within the meaning of section 
#i7;a7 or #h7;f7 of the ,national ,labor
 ,relations ,act 7#bi ,u4,s4,c4         
#aei7;a71 #aeh7;f77 or section #b of the
 ,railway ,labor ,act 7#de ,u4,s4,c4    
#aeb74  7#aa7 ,technology  7,a7 ,in     
general ,the term technology means a    
computerized process used to create     
value at a business enterprise1         
including automation1 artificial        
intelligence1 robotics1 personal        
computing1 information technology1 and  
e-commerce4  7,b7 ,regulations ,the     
,secretary of ,labor1 in consultation   
with the ,secretary of ,commerce1 shall 
promulgate regulations further defining 
the term technology for purposes of this
 ,act4  #c4 ,bargaining and notice      

required before use of                  
employment-changing or                  
employment-eliminating technology  7a7  
,bargaining with employees before use of
 employment-,changing or                
employment-,eliminating technology  7#a7
 ,in general ,not later than #ahj days  
before providing any notices under      
subsection 7b71 an employer that intends
 to use technology that will result in a
 change in employment position or an    
employment loss to any employees of the 
employer shall engage in bargaining with
 such employees through their chosen    
representative in order to ensure the   
technology is procured and implemented  
in a way that incorporates the skills   
and roles of the employees of the       
employer4  7#b7 ,chosen representatives 
,an employer shall carry out the        
bargaining required under paragraph 7#a7
 with-- 7,a7 in the case of affected    
employees who are represented by a labor
 organization for purposes of collective
 bargaining1 a representative from the  

labor organization2 or  7,b7 in the case
 of affected employees who are not      
represented by a labor organization for 
purposes of collective bargaining1 with 
a committee of employees who are elected
 by their peers for purposes of the     
bargaining4  7#c7 ,mediation upon       
failure to agree  7,a7 ,request ,if an  
employer and the chosen representative  
of employees are unable to obtain an    
agreement under paragraph 7#a7 by #ahj  
days after the commencement of the      
bargaining1 the parties shall notify the
 ,federal ,mediation and ,conciliation  
,service of the failure to reach        
agreement and request mediation4  7,b7  
,role of service ,the ,federal          
,mediation and ,conciliation ,service   
shall1 upon receiving a request under   
subparagraph 7,a71 promptly communicate 
with the parties and work to bring the  
parties to agreement through mediation  
and conciliation4  7#d7 ,interaction    
with ,,nlra ,a committee of employees   
constituted for purposes of this        

subsection shall not be found to        
constitute a labor organization1 as     
defined in section #b of the ,national  
,labor ,relations ,act 7#bi ,u4,s4,c4   
#aeb74  7b7 ,notice to employees for    
change in employment positions  7#a7 ,in
 general ,an employer that intends to   
use technology that will result in a    
change in employment position for one or
 more employees of the employer shall1  
not later than #ahj days before any such
 change in employment position1 provide 
written notice signed by the employer's 
authorized representative-- 7,a7 of the 
technology1 including a description of  
the technology1 and the impact of the   
technology on employment positions1     
including which employment positions    
will be impacted and whether any new    
positions will be created2 and  7,b7    
regarding the required training that the
 employer will provide under section #d4
  7#b7 ,provision of notice ,the written
 notice under paragraph 7#a7 shall be-- 
7,a7 provided to each chosen            

representative of the affected          
employees1 as of the date of the notice1
 and to each affected employee2  7,b7   
distributed electronically if the       
employer customarily communicates with  
its employees through electronic        
communications2 and  7,c7 posted        
publicly in conspicuous locations in the
 workplace1 including all places where  
notices to employees are commonly posted
 by the employer4  7c7 ,notice to       
employees subject to an employment loss 
,an employer that intends to use        
technology that will cause an employment
 loss for one or more employees of the  
employer shall1 not later than #bgj days
 before any such employment loss1       
provide and post written notice that    
includes the information described in   
subsection 7b77#a71 in the same manner  
as described in subsection 7b77#b74  #d4
 ,required training and benefits  7a7   
,changes in employment position  7#a7   
,in general ,an employer who is required
 under section #c7;b7 to provide notice 

of technology that will result in a     
change in employment position and       
require different skills due to the use 
of technology for one or more employees 
shall1 beginning not later than #ahj    
days before changing employee positions 
due to technology1 provide on-the-job   
training described in paragraph 7#b7 to 
each affected employee who will be      
impacted by the technology4  7#b7 ,type 
of training ,the training provided under
 paragraph 7#a7 shall-- 7,a7 be training
 that prepares the employee to be able  
to fulfill the new duties of the        
position1 without regard to the length  
of time the training will take2 and     
7,b7 be supplemented1 as necessary1 by  
employer-paid training-- 7i7 through a  
registered apprenticeship program2  7ii7
 that leads to a recognized             
postsecondary credential 7which may be  
an industry-recognized credential7      
offered by an institution of higher     
education2 or  7iii7 that leads to an   
industry-recognized credential offered  

by a nonprofit organization that is an  
eligible provider under section #abb7;d7
 of the ,workforce ,innovation and      
,opportunity ,act 7#bi ,u4,s4,c4        
#caeb7;d774  7b7 ,employment loss  7#a7 
,priority and training ,an employer who 
is required under section #c7;c7 to     
provide notice of technology that will  
result in employment loss for one or    
more employees of the employer shall--  
7,a7 give hiring priority to affected   
employees for any new or open positions 
of the employer for #a year after the   
date of the notice2  7,b7 beginning not 
later than #ahj days before the         
employment loss1 provide job training   
described in paragraph 7#b7 for not less
 than #a year to prepare the employee   
for-- 7i7 another position with the     
employer that provides wages comparable 
to the employee's original position2 or 
7ii7 an occupation that provides wages  
comparable to the employee's original   
position with a different employer2 and 
7,c7 on the day that the employee       

experiences the employment loss1 provide
 the affected employee with #f months of
 severance pay1 in a total amount equal 
to #f months of the employee's wages in 
the employee's prior position4  7#b7    
,type of training  7,a7 ,in general ,the
 training provided under paragraph 7#a7 
7except for training described in       
paragraph 7#a77;,b77ii77 shall be       
training that is-- 7i7 chosen by the    
employee2 and  7ii7 provided at the     
worksite or supplemented as necessary by
 employer-paid training-- 7,i7 through a
 registered apprenticeship program2 or  
7,,ii7 that leads to a recognized       
postsecondary credential offered by an  
institution of higher education4  7,b7  
,offsite training rules ,if training    
required under subparagraph 7,a7 is     
supplemented by offsite training1 then  
the employer shall permit the employee  
to participate in that training during  
work hours1 as long as the employee     
works a minimum of #ae hours a week4    
7,c7 ,training for a new occupation ,in 

the case of an employer who chooses to  
provide training under paragraph        
7#a77;,b77ii7 to an affected employee1  
the employer shall provide the employee 
with a voucher of #h1jjj that the       
employee may use at any eligible        
provider of training services under     
section #abb of the ,workforce          
,innovation and ,opportunity ,act 7#bi  
,u4,s4,c4 #caeb74  7c7 ,basic skills    
training  7#a7 ,in general ,if an       
employee subject to a change in         
employment position or employment loss  
would need1 in addition to job training 
for a new position1 additional basic    
skills 7such as a high school diploma or
 its equivalent7 to meet the            
requirements for the new employment     
position1 the employer of the employee  
shall provide the employee with #ahj    
days of training to assist the employee 
in gaining the minimum basic skills     
necessary4  7#b7 ,interaction with other
 training ,basic skills training        
provided to an employee under this      

subsection1 and the #ahj-;day period for
 its provision1 shall be in addition to 
any other training to which the employee
 has a right under this ,act4  7#c7     
,location of training ,the basic skills 
training provided under paragraph 7#a7  
may be provided through an on-site or   
off-site basic skills program4  7d7 ,no 
reduction in pay ,an employer shall     
provide any training required under     
subsection 7a71 7b71 or 7c7 during the  
affected employee's work hours and shall
 not reduce an employee's pay or        
benefits while the employee is receiving
 training4  7e7 ,social ,security       
,administration documentation ,an       
employer that provides an affected      
employee with any compensation under    
this section shall submit documentation 
to the ,social ,security ,administration
 to ensure that any compensation        
distributed to employees under this ,act
 is allocated to the appropriate        
calendar year4  #e4 ,protections for    
employees ,no employer shall discharge  

or in any manner discriminate against   
any employee of the employer with       
respect to the employee's compensation1 
terms1 conditions1 or other privileges  
of employment because-- 7#a7 the        
employee has received training or       
severance pay under this ,act2 or  7#b7 
the employee 7or an individual acting at
 the request of the employee7 has-- 7,a7
 requested new employment for the       
employee with the employer under this   
,act2 or  7,b7 otherwise asserted or    
sought to enforce the employee's rights 
under this ,act4  #f4 ,administration   
and enforcement of requirements  7a7    
,civil actions against employers  7#a7  
,violations of notice1 pay1 and training
 requirements  7,a7 ,in general ,an     
affected employee aggrieved of a        
violation of section #c1 #d1 or #e by an
 employer1 or the chosen representative 
of such affected employee1 may bring a  
civil action in accordance with this    
subsection4  7,b7 ,remedies ,a court    
shall award an affected employee who    

prevails in a civil action brought under
 subparagraph 7,a7-- 7i7 subject to     
subparagraphs 7,c7 and 7,d7-- 7,i7 any  
back pay or unpaid wages due to the     
employee because of the violation1 at a 
rate of compensation not less than the  
higher of-- 7aa7 the average regular    
rate received by such employee during   
the last year of the employee's         
employment before the violation2 or     
7bb7 the final regular rate received by 
such employee before the violation2     
7,,ii7 the cost of any benefits lost    
under an employee benefit plan described
 in section #c7c7 of the ,employee      
,retirement ,income ,security ,act of   
#aigd 7#bi ,u4,s4,c4 #ajjb7c77 due to   
the violation1 including the cost of    
medical expenses incurred during an     
employment loss that would have been    
covered under an employee benefit plan  
if the violation had not occurred2 and  
7,,iii7 any amounts due the employee    
under section #d7;b77#a77;,c72  7ii7 any
 such amounts as appropriate to remedy  

any violation of this ,act1 including   
any punitive and consequential economic 
damages1 that the court determines      
appropriate2 and  7iii7 any equitable   
relief1 including injunctive relief1 the
 court determines necessary to remedy   
the violation of this ,act1 which1 for a
 violation of section #e1 may include   
employment1 reinstatement1 promotion1 or
 any other appropriate relief4  7,c7    
,period ,the amount of damages under    
subparagraph 7,b77i7 shall be calculated
 for the period of the violation1 up to 
a maximum of #fj days1 but in no event  
for more than one-half the number of    
days the employee was employed by the   
employer4  7,d7 ,reductions in liability
 ,the amount of damages-- 7i7 under     
subparagraph 7,b77i77,i7 shall be       
reduced by-- 7,i7 any wages paid by the 
employer to the employee for the period 
of the violation2  7,,ii7 any voluntary 
and unconditional payment by the        
employer to the employee that is not    
required by any legal obligation2 and   

7,,iii7 any payment by the employer to a
 third party or trustee 7such as        
premiums for health benefits or payments
 to a defined contribution pension plan7
 on behalf of and attributable to the   
employee for the period of the          
violation2 and  7ii7 under subparagraph 
7,b77i77,,ii7 may be reduced by         
crediting the employee with service for 
all purposes under a defined benefit    
pensions plan for the period of the     
violation4  7#b7 ,venue ,an employee or 
a representative of an employee may     
bring a civil action under paragraph    
7#a7 on behalf of the employee1 other   
similarly situated employees1 or both1  
in-- 7,a7 the judicial district in which
 the employer has its principal office2 
or  7,b7 a judicial district in which-- 
7i7 7,i7 the violation is alleged to    
have occurred2  7,,ii7 the employment   
records relevant to such practice are   
maintained and administered2 or  7,,iii7
 the aggrieved individual would have    
worked but for the alleged unlawful     

employment practice2 and  7ii7 the      
employer is found4  7#c7 ,attorney's    
fees ,the court shall award an          
attorney's fee 7including expert fees7  
that the court determines reasonable as 
part of the costs to a prevailing party 
in a civil action under paragraph 7#a74 
7#d7 ,limitation on private action while
 action of ,secretary is pending ,if the
 ,secretary or the attorney general of a
 ,state has instituted an enforcement   
action under subsection 7b71 an         
individual employee may not bring an    
action under this subsection during the 
pendency of the proceeding against any  
person with respect to whom the         
,secretary has instituted the           
proceeding4  7b7 ,enforcement actions   
7#a7 ,actions by the ,secretary  7,a7   
,civil actions ,the ,secretary may bring
 an action in any court of competent    
jurisdiction to recover on behalf of an 
employee remedies described in          
subsection 7a77#a74  7,b7 ,sums         
recovered ,any sums recovered by the    

,secretary on behalf of an employee     
under subsection 7a77#a7 shall be held  
in a special deposit account and shall  
be paid1 on order of the ,secretary1    
directly to each employee affected4 ,any
 such sums not paid to an employee      
because of inability to do so within a  
period of #c years 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 expended4  7,c7    
,action to compel relief by ,secretary  
,the district courts of the ,united     
,states shall have jurisdiction1 for    
cause shown1 over an action brought by  
the ,secretary to restrain the          
withholding of payment of back pay1     
benefits1 or other compensation1 plus   
interest1 found by the court to be due  
to employees under this ,act4  7#b7     
,state enforcement ,in any case in which
 the attorney general of a ,state has   
reason to believe that an interest of   

employees of that ,state has been or is 
threatened or adversely affected by a   
violation of this ,act1 the attorney    
general of the ,state may1 as parens    
patriae1 bring a civil action on behalf 
of the employees of the ,state in an    
appropriate ,state court or district    
court of the ,united ,states to obtain  
any relief described in paragraph       
7#a77;,a7 on behalf of residents in the 
,state4 ,any sums recovered by the      
,state shall be administered by the     
attorney general of the ,state in the   
same manner as described in paragraph   
7#a77;,b74  7c7 ,civil fines  7#a7 ,in  
general ,any employer who violates the  
provisions of section #c1 #d1 or #e     
shall be subject to a civil fine1       
assessed by the ,secretary of ,labor1 of
 not more than #e1jjj for each employee 
and for each day of such violation4     
7#b7 ,rule of construction ,nothing in  
paragraph 7#a7 shall be construed to    
preclude an employee of an employer     
assessed a civil fine under such        

paragraph from bringing a civil action  
against the employer under subsection   
7a74  7#c7 ,good faith ,if an employer  
that has violated this ,act proves to   
the satisfaction of the court that the  
act or omission that violated this ,act 
was in good faith and that the employer 
had reasonable grounds for believing    
that the act or omission was not a      
violation of this ,act1 the court may1  
in its discretion1 reduce the civil fine
 under this subsection4  #g4 ,rules     
regarding rights and remedies  7a7      
,rights and remedies not subject to     
waiver  7#a7 ,in general ,the rights and
 remedies provided under this ,act      
7including the right to maintain a civil
 action7 may not be waived1 deferred1 or
 lost pursuant to any agreement or      
settlement other than an agreement or   
settlement described in paragraph 7#b74 
7#b7 ,agreement or settlement ,an       
agreement or settlement referred to in  
paragraph 7#a7 is an agreement or       
settlement negotiated by the ,secretary1

 an attorney general of any ,state1 a   
private attorney on behalf of affected  
employees1 or a designated              
representative of affected employees    
under the ,national ,labor ,relations   
,act 7#bi ,u4,s4,c4 #aea et seq47 or the
 ,railway ,labor ,act 7#de ,u4,s4,c4    
#aea et seq474  7b7 ,interaction with   
other rights and remedies ,the rights   
and remedies provided to employees by   
this ,act are in addition to1 and not in
 lieu of1 any other contractual or      
statutory rights and remedies of the    
employees1 and are not intended to alter
 or affect such rights and remedies1    
except that the period of notification  
required by this ,act shall run         
concurrently with any period of         
notification required by contract or by 
any other statute4  7c7 ,effect on other
 laws ,the giving of notice pursuant to 
this ,act1 if done in good faith        
compliance with this ,act1 shall not    
constitute a violation of the ,national 
,labor ,relations ,act 7#bi ,u4,s4,c4   

#aea et seq47 or the ,railway ,labor    
,act 7#de ,u4,s4,c4 #aea et seq474  #h4 
,limited regulatory authority  7a7 ,in  
general ,except as provided in section  
#b7aa77;,b71 the ,secretary of ,labor   
shall not have authority to promulgate  
regulations to carry out this ,act4 ,the
 ,secretary of ,labor may provide       
guidance that describes-- 7#a7 the      
methods by which employers may provide  
for appropriate service of notice of    
bargaining period under section #c7;a7  
and notice of change in employment      
position or loss of employment under    
subsection 7b7 or 7c7 of section #c to  
employees and to representatives of     
employees2  7#b7 how an employer may    
comply with the requirement to publicly 
post such notice under subsections 7b7  
and 7c7 of section #c2 and  7#c7 what   
constitutes good faith under section    
#f7;c77#c7 for employers4  7b7 ,methods 
of notice to affected employees ,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 subsections 7b77#b77;,a7 
and 7c7 of section #c4  #i4 ,exemption  
of certain payments related to          
employment loss from gross income  7a7  
,in general ,part ,,iii of subchapter ,b
 of chapter #a of the ,internal ,revenue
 ,code of #aihf is amended by inserting 
after section #ajc the following new    
section3  #ajc;,a4 ,certain payments    
related to employment loss  7a7 ,in     
general ,in the case of an employee who 
has experienced an employment loss1     
gross income shall not include any of   
the following amounts related to such   
employment loss3 7#a7 ,any severance pay
 provided pursuant to section           
#d7;b77#a77;,c7 of the ,workers' ,right 
to ,training ,act4  7#b7 ,any amount    
received as a voucher for training      
services pursuant to section            
#d7;b77#b77;,c7 of such ,act4  7#c7 ,any

 back pay awarded by court pursuant to  
section #f7;a77#a77;,b77i77,i7 of such  
,act4  7b7 ,definitions ,the terms      
employee1 employer1 and employment loss 
have the same meaning given such terms  
under section #b of the ,workers' ,right
 to ,training ,act4  4  7b7 ,conforming 
amendment ,the table of sections for    
part ,,iii of subchapter ,b of chapter  
#a of the ,internal ,revenue ,code of   
#aihf is amended by inserting after the 
item related to section #ajc the        
following new item3  ,sec4 #ajc;,a4     
,certain payments related to employment 
loss4  4  7c7 ,effective date ,the      
amendments made by this section shall   
apply to taxable years beginning after  
,december #ca1 #bjai4