,,ii #aafth ,,congress #ast ,session ,s4 #bich ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjai,mr4 ,brown 7for himself1 ,mr4 ,schumer1 and ,mrs4 ,murray7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,worker ,adjustment and ,retraining ,notification ,act to support workers who are subject to an employment loss1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair ,warning ,act of #bjai4 #b4 ,definitions2 provision of notice of site closings and mass layoffs 7a7 ,,warn ,act amendments ,sections #b and #c of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja2 #bajb7 are amended to read as follows3 #b4 ,definitions2 exclusions from definition of loss of employment 7a7 ,definitions ,as used in this ,act3 7#a7 ,affected employee ,the term affected employee means a full-time or part-time employee who may reasonably be expected to experience an employment loss as a consequence of a proposed site closing or mass layoff by the employee's employer4 7#b7 ,employer 7,a7 ,in general ,the term employer means any business enterprise that-- 7i7 employs #ej or more employees1 including part-time employees and including employees of the nominal employer and any entity that is the nominal employer's direct or indirect parent or is integrated with the nominal employer2 or 7ii7 has an annual payroll of at least #b1jjj1jjj4 7,b7 ,definitions ,for the purposes of this paragraph3 7i7 ,integrated ,the term integrated1 when used with respect to a business enterprise1 means an entity whose relationship with another business enterprise include-- 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 an entity1 regardless of its financial interest in the nominal employer1 that participates directly or indirectly in making decisions that affect the employees of the nominal employer or of multiple entities controlled by #a person for a common business purpose4 7iii7 ,consideration ,in determining whether an entity is integrated with or a direct or indirect parent of a business enterprise that is the nominal employer1 substantial weight shall be given to any decision-making responsibility the entity had for the practice that gave rise to the violation of this ,act4 7#c7 ,employment loss ,subject to subsection 7b71 the term employment loss means-- 7,a7 an employment termination1 other than a discharge for cause1 voluntary departure1 or retirement2 7,b7 a layoff exceeding #c months2 or 7,c7 a reduction in hours of work of more than #ej percent during each month of any #c-month period4 7#d7 ,mass layoff 7,a7 ,in general ,the term mass layoff means a reduction in force that results in an employment loss during any #ij-;day period-- 7i7 for #aj or more employees of an employer at a single site of employment1 as calculated under subparagraph 7,b72 or 7ii7 for #bej or more employees of an employer1 irrespective of employment site4 7,b7 ,calculation ,the number of employees at a single site who suffer an employment loss shall be calculated in a manner that includes-- 7i7 all such employees who work at the physical location of the site2 and 7ii7 all such employees who work remotely and-- 7,i7 are assigned to or otherwise associated with the site2 7,,ii7 receive assignments or training from the site2 7,,iii7 report to a manager associated with the site2 or 7,,iv7 whose job loss was a foreseeable consequence of a reduction in force at the site4 7#e7 ,representative ,the term representative means an exclusive representative of employees within the meaning of section #h7;f7 or #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f72 #aei7;a77 or section #b of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aeb74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#g7 ,site closing ,the term site closing means the permanent or temporary shutdown of a single site of employment1 or one or more facilities or operating units within a single site of employment1 that results in an employment loss at the single site of employment during any #cj-;day period for #e or more employees1 calculated in the same manner as described in paragraph 7#d77;,b74 7#h7 ,unit of local government ,the term unit of local government means any general purpose political subdivision of a ,state which has the power to levy taxes and spend funds1 as well as general corporate and police powers4 7b7 ,exclusions from employment loss due to a site closing or mass layoff ,an employee shall not be considered to have experienced an employment loss due to a site closing or mass layoff if the site closing or mass layoff is the result of the relocation or consolidation of part or all of the employer's business and1 prior to the site closing or mass layoff-- 7#a7 the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a #c-month break in employment2 or 7#b7 the employer offers to transfer the employee to any other site of employment regardless of distance with no more than a #c-month break in employment1 and the employee accepts within #cj days of the offer or of the site closing or mass layoff1 whichever is later4 #c4 ,notice required before site closings and mass layoffs 7a7 ,notice to employees1 ,state dislocated worker units1 and local governments ,an employer shall not order a site closing or mass layoff until #ij calendar days after the date on which the employer has served written notice of such an order to-- 7#a7 7,a7 each representative of the affected employees as of the time of the notice2 or 7,b7 each affected employee2 7#b7 the ,secretary and the ,governor of the ,state where the site closing or mass layoff is to occur2 and 7#c7 the ,state or entity designated by the ,state to carry out rapid response activities under section #acd7;a77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a77#b77;,a774 7b7 ,duties upon receipt of notice ,a ,state or designated entity that receives a notice under subsection 7a77#c7 shall-- 7#a7 make the information in the notice publicly available within the jurisdiction of the local government involved2 7#b7 transmit a copy of the notice to each affected local area 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 so that the information in the notice can be distributed through activities under section #acd7;c77#b77;,a77iv77,i77aa7 of that ,act 7#bi ,u4,s4,c4 #cagd7;c77#b77;,a77iv77,i77aa772 and 7#c7 ensure that-- 7,a7 an appropriate labor-management committee described in section #c7ea77;,c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7ea77;,c77 has been established or is established not later than #bj days after receipt of the notice2 and 7,b7 an individual is designated1 by not later than #bj days after receipt of such notice1 to coordinate rapid response activities described in section #acd7;a77#b77;,a77i7 of such ,act1 in consultation with the labor-management committee4 7c7 ,reduction of notification period 7#a7 ,potential new business or financing ,an employer may order the site closing of a single site of employment before the conclusion of the #ij-;day period described in subsection 7a7 if-- 7,a7 as of the date that notice would have been required the employer had been offered1 on acceptable terms1 new business or financing in an amount which1 if obtained1 would have enabled the employer to avoid the site closing2 and 7,b7 the employer can demonstrate that1 had notice been given1 the notice would have precluded the new business or financing4 7#b7 ,unforeseen circumstances 7,a7 ,natural disasters ,no notice under this ,act shall be required if the site closing or mass layoff is due to any form of natural disaster1 such as a flood1 earthquake1 or a drought ravaging the farmlands of the ,united ,states4 7,b7 ,terrorist attacks ,no notice under this ,act shall be required if the site closing or mass layoff is due directly to a terrorist attack that affects the operation of the site4 7#c7 ,provision of notice ,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 period4 7d7 ,extension of temporary layoff ,a temporary layoff of more than #c months that1 at its outset1 was announced to be a temporary layoff of #c months or less1 shall be treated as an employment loss under this ,act unless-- 7#a7 a written notice1 as required under subsection 7a71 is provided at the commencement of the temporary layoff stating the date on which the employer expects to recall the employees to work1 and such date is less than #c months after the date of the layoff2 and 7#b7 notice is given to all parties described in subsection 7a7 at the time it becomes reasonable to contemplate that the temporary layoff will be extended beyond the #ij-;day period4 7e7 ,determinations with respect to employment loss 7#a7 ,multiple groups ,for purposes of this section1 in determining whether a site closing or mass layoff at a single site of employment has occurred or will occur1 employment losses for #b or more groups at the single site of employment1 each of which is less than the minimum number of employees specified in paragraph 7#d7 or 7#g7 of section #b7;a7 but which in the aggregate exceed that minimum number1 and which occur within any #ij-;day period1 shall be considered to be a site 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 ,act4 7#b7 ,treatment of business sales 7,a7 ,in general ,in the case of a sale of part or all of an employer's business1 the seller shall be responsible for providing notice for any site closing or mass layoff in accordance with this section up to and including the effective date of the sale4 ,after the effective date of the sale of part or all of an employer's business1 the purchaser shall be responsible for providing notice for any site closing or mass layoff in accordance with this section4 7,b7 ,transfer of employees ,in the case of a sale of part or all of an employer's business1 and notwithstanding any other provision of this ,act1 any person who is an employee of the seller as of the effective date of the sale shall be considered an employee of the purchaser immediately after the effective date of the sale4 7f7 ,content of notices ,an employer who is required to provide notice as required under subsection 7a7 shall include-- 7#a7 in each notice required under such subsection-- 7,a7 a statement of the number of affected employees2 7,b7 the reason for the site closing or mass layoff2 7,c7 whether the layoff is permanent or temporary and1 if temporary1 the date on which the employer expects to recall the affected employees to work2 7,d7 the availability of employment at other establishments owned by the employer2 7,e7 a statement of each employee's rights with respect to wages and severance and employee benefits2 and 7,f7 a statement of the available employment and training services provided by the ,department of ,labor2 and 7#b7 in each notice required under such subsection 7except for paragraph 7#a77;,b7 of such subsection71 the names1 addresses1 and occupations of the affected employees4 7g7 ,information regarding benefits and services available to employees ,concurrent with or immediately after providing the notice required under subsection 7a77#a71 an employer shall provide affected employees with information regarding the benefits and services available to such employees1 as described in the guide compiled by the ,secretary under section #ac4 7h7 ,access of rapid response teams ,an employer who is required to provide notice under subsection 7a7 shall permit1 during work hours1 reasonable on-site access to any ,federal1 ,state1 or local rapid response team under section #acd7;a77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a77#b77;,a77 responsible for providing reemployment1 training services1 and related services to affected employees4 7i7 ,,dol notice to ,congress ,as soon as practicable and not later than #ae days after receiving notice under subsection 7a77#b71 the ,secretary of ,labor shall notify the appropriate ,senators and ,members of the ,house of ,representatives who represent the area or areas where the site closing or mass layoff is to occur4 4 7b7 ,,wioa amendment regarding the provision ,information through local employment and training activities ,section #acd7;c77#b77;,a77iv77,i77aa7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#b77;,a77iv77,i77aa77 is amended by inserting before the semicolon the following3 and of information in notices described in section #c7;a71 and of access to the database established under section #e7;e71 of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bajb7;a72 #bajd7;e774 #c4 ,exemptions ,section #d of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bajc7 is amended to read as follows3 #d4 ,exemptions ,this ,act shall not apply to a plant closing or mass layoff if the closing is of a temporary facility or the closing or layoff is the result of the completion of a particular project or undertaking1 and the affected employees were hired with the understanding that their employment was limited to the duration of the facility or the project or undertaking4 4 #d4 ,administration and enforcement of requirements ,section #e of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #bajd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking each day and inserting each calendar day2 and 7,,ii7 in clause 7ii71 by striking and after the semicolon2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 7iii7 by inserting after subparagraph 7,b7 the following3 7,c7 liquidated damages in an amount equal to #cj days of back pay1 at the rate of compensation calculated under subparagraph 7,a74 2 and 7iv7 in the flush text following subparagraph 7,c7 7as added by clause 7iii771 by striking #fj days and inserting #ij days2 7,b7 in paragraph 7#b77;,a71 by inserting 1 which begins on the date of the employment loss after the violation2 7,c7 in paragraph 7#c71 by inserting the ,secretary1 a ,state1 or before a unit of local government2 7,d7 in paragraph 7#d7-- 7i7 by striking which has violated this ,act and inserting that has violated the provisions of section #c with respect to the ,secretary1 a ,state1 or a local government2 and 7ii7 by striking reduce the amount of the liability or penalty provided for in this section and inserting reduce the amount of the penalty under paragraph 7#c72 7,e7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,a person 7including a representative of employees or a unit of local government aggrieved under paragraph 7#a7 or 7#c77 seeking to enforce the liability provided for in this section1 may1 either for such person1 for other persons similarly situated1 or for both1 bring suit 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 business4 2 and 7,f7 in paragraph 7#f71 by striking prevailing party and inserting prevailing plaintiff2 7#b7 by redesignating subsection 7b7 as subsection 7c72 7#c7 by inserting after subsection 7a7 the following3 7b7 ,limitations ,an action shall be brought under this section not later than #d years after the date of the last event constituting the alleged violation for which the action is brought4 2 and 7#d7 by adding at the end the following3 7d7 ,exemption from liquidated damages ,notwithstanding subsection 7a77#a77;,c71 an employer is not liable for the liquidated damages described in such subsection if-- 7#a7 the employee alleges a site closing and-- 7,a7 the employer can establish that circumstances described in section #c7;c77#a7 existed on the #fjth and #cjth days before the site closing2 or 7,b7 the site closing is due to any form of natural disaster or directly due to a terrorist attack2 or 7#b7 the alleged site closing or mass layoff is caused by business circumstances 7other than a financier's decision7 that were not contemplated nor should reasonably have been contemplated as of the #cjth day before the site closing or mass layoff4 7e7 ,database 7#a7 ,transmittals ,a ,state or designated entity that receives a notice under section #c7;a7 shall transmit a copy of the notice to the ,secretary4 7#b7 ,database ,the ,secretary shall create and maintain a publicly available database that provides information from notices transmitted under paragraph 7#a74 7#c7 ,contents of database ,the database under paragraph 7#b7 shall include-- 7,a7 for each notice transmitted under paragraph 7#a71 a copy of the notice1 the date of the notice1 the name of the employer involved1 the unit of local government affected by the closing or layoff involved1 the number of employees so affected1 the sector in which the layoff occurred 7as identified by the ,north ,american ,industry ,classification ,system code71 and the type of the closing or layoff2 7,b7 a search function that allows users to identify the geographic1 annual1 and sectoral breakdown of the notices2 and 7,c7 a function that allows the data to be downloaded in a user-friendly format4 7#d7 ,access through website ,the ,secretary shall provide a link to the database through the ,internet website of the ,department of ,labor4 4 #e4 ,posting of notices ,section #aa of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja note7 is amended to read as follows3 #aa4 ,posting of notices 7a7 ,posting of notices ,each employer shall post and keep posted1 in conspicuous places upon its premises where notices to employees are customarily posted1 a notice to be prepared or approved by the ,secretary setting forth excerpts from1 or summaries of1 the pertinent provisions of this ,act and information pertinent to the filing of a complaint under this ,act4 7b7 ,penalties ,the ,secretary may impose a civil penalty on any person who willfully violates this section of not more than #ejj for each separate offense4 4 #f4 ,non-waiver of rights and remedies2 information regarding benefits and services available to employees ,the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja et seq47 is further amended by adding at the end the following3 #ab4 ,rights and remedies not subject to waiver 7a7 ,in general ,the rights and remedies provided under this ,act 7including the right to file or participate in a class action under rule #bc of the ,federal ,rules of ,civil ,procedure in ,federal court7 are substantive and may not be waived1 deferred1 or lost pursuant to any agreement or settlement other than an agreement or settlement described in subsection 7b74 7b7 ,agreement or settlement ,an agreement or settlement referred to in subsection 7a7 is an agreement or settlement negotiated by-- 7#a7 a private attorney on behalf of affected employees2 or 7#b7 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 #ac4 ,information regarding benefits and services available to workers 7a7 ,in general ,the ,secretary of ,labor shall maintain a guide of benefits and services that may be available to affected employees1 including unemployment compensation1 trade adjustment assistance1 ,,cobra continuation coverage1 and early access to training services and other services1 including counseling services1 available under title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq474 7b7 ,availability of guide ,the guide maintained under subsection 7a7 shall be available on the ,internet website of the ,department of ,labor and shall include a description of the benefits and services1 the eligibility requirements1 and the means of obtaining such benefits and services4 7c7 ,transmission to employers ,upon receiving notice from an employer under section #c7;a77#b71 the ,secretary shall immediately transmit such guide to such employer4 4