Forewarn Act of 2007 - Amends the Worker Adjustment and Retraining Notification Act (the Act) to redefine the terms "employer," "plant closing," and "mass layoff" for purposes of the Act to, among other things, make the Act applicable to employers of 50 or more employees (under current law, 100 employees).
Requires an employer to: (1) give 90-day written notice (under current law, 60-day) to employees and appropriate state and government officials before ordering a plant closing or mass layoff; and (2) give notice of such closing or layoff to the Secretary of Labor (including the number of employees), to U.S. and state Senators and Representatives who represent the area in which the plant is located, and 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. Revises criteria used in determining whether a plant closing or mass layoff has occurred or will occur. Makes an employer who violates such notice requirements liable to the employee for two days of pay multiplied by the number of days short of the 90-days notice provided before such closing or layoff (under current law, for back pay) for each day of the violation for up to 90 days (under current law, 60 days).
Authorizes the Secretary to bring a civil action on behalf of one or more employees for certain relief under the Act.
Directs the Secretary to make educational materials concerning employee rights and employer responsibilities available to the general public and employers.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3662 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3662
To amend the Worker Adjustment and Retraining Notification Act to
improve such Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2007
Mr. McHugh introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Worker Adjustment and Retraining Notification Act to
improve such Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forewarn Act of 2007''.
SEC. 2. AMENDMENTS TO THE WORKER ADJUSTMENT AND RETRAINING 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:
``SEC. 12. EDUCATIONAL MATERIALS.
``The Secretary of Labor shall make educational materials
concerning employee rights and employer responsibilities under this Act
available to the general public and employers. Such materials shall be
available on the Internet website of the Secretary and in written form
for distribution by employers.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1972)
Referred to the House Committee on Education and Labor.
Referred to the Subcommittee on Workforce Protections.
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