II 

116TH CONGRESS 

1ST SESSION S. 2468 

To require employers to provide training to employees whose jobs are in 

danger of being changed or replaced due to technology, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2019 

Mr. BROWN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To require employers to provide training to employees whose 

jobs are in danger of being changed or replaced due 

to technology, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Workers’ Right to 

5 Training Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AFFECTED EMPLOYEE.—The term ‘‘af9 fected employee’’ means an employee who may reaVerDate Sep 11 2014 01:52 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2468.IS S2468

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1 sonably be expected to experience a change in em2 ployment position or an employment loss as a con3 sequence of the use of technology by the employer of 

4 the employee. 

5 (2) CHANGE IN EMPLOYMENT POSITION.—The 

6 term ‘‘change in employment position’’ means a ma7 terial change— 

8 (A) in pay or benefits, working conditions, 

9 or schedule of an employee; or 

10 (B) that results in an unreasonable com11 mute for the employee. 

12 (3) COMMITTEE OF EMPLOYEES.—The term 

13 ‘‘committee of employees’’ means a committee of 

14 nonsupervisory, nonmanagerial employees of an em15 ployer. 

16 (4) EMPLOYEE.—The term ‘‘employee’’ means 

17 any individual who provides labor or services for re18 muneration by an employer, unless the employer 

19 demonstrates that all of the following conditions are 

20 satisfied: 

21 (A) The individual is free from the control 

22 and direction of the hiring entity in connection 

23 with the performance of the work, both under 

24 the contract for the performance of the work 

25 and in fact. 


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1 (B) The individual performs work that is 

2 outside the usual course of the hiring entity’s 

3 business. 

4 (C) The individual is customarily engaged 

5 in an independently established trade, occupa6 tion, or business of the same nature as that in7 volved in the work performed. 

8 (5) EMPLOYER.— 

9 (A) IN GENERAL.—The term ‘‘employer’’ 

10 means any business enterprise, including the 

11 nominal employer and any entity that is a par12 ent of, or is integrated with, the business enter13 prise, that— 

14 (i) is engaged in interstate commerce 

15 or in the production of goods or services 

16 for interstate commerce; and 

17 (ii) employs not less than 25 employ18 ees, including part-time employees. 

19 (B) MULTIPLE EMPLOYERS.—Two or more 

20 business enterprises shall each be considered an 

21 employer with respect to an employee, if each 

22 such business enterprise codetermines or shares 

23 control over the employee’s essential terms and 

24 conditions of employment. In determining 


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1 whether multiple business enterprises are em2 ployers of an employee— 

3 (i) it shall be relevant to consider 

4 whether each enterprise has— 

5 (I) direct control and indirect 

6 control over the terms and conditions 

7 of the employee; 

8 (II) reserved authority to control 

9 such terms and conditions; and 

10 (III) control over such terms and 

11 conditions exercised by a person in 

12 fact; and 

13 (ii) the existence of indirect control or 

14 reserved authority alone by a business en15 terprise may be sufficient to establish the 

16 employer relationship, given specific facts 

17 and circumstances. 

18 (C) DEFINITIONS.—For the purposes of 

19 this paragraph: 

20 (i) INTEGRATED.—The term ‘‘inte21 grated’’, when used with respect to a busi22 ness enterprise, means a business enter23 prise whose relationship with another busi24 ness enterprise includes— 

25 (I) common ownership; 


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1 (II) common directors or officers; 

2 (III) de facto exercise of control; 

3 (IV) unity of personnel policies 

4 emanating from a common source; or 

5 (V) dependency of operations. 

6 (ii) PARENT.—The term ‘‘parent’’ 

7 means a business enterprise that partici8 pates directly or indirectly in making deci9 sions that affect employees of another 

10 business enterprise. 

11 (6) EMPLOYMENT LOSS.—The term ‘‘employ12 ment loss’’ means— 

13 (A) an employment termination, other than 

14 a discharge for cause, voluntary departure, or 

15 retirement; or 

16 (B) a reduction in hours of work of more 

17 than 50 percent during each month of any 6- 

18 month period. 

19 (7) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘‘institution of higher education’’ has the 

21 meaning given the term in section 101 of the Higher 

22 Education Act of 1965 (20 U.S.C. 1001). 

23 (8) RECOGNIZED POSTSECONDARY CREDEN24 TIAL.—The term ‘‘recognized postsecondary creden25 tial’’ has the meaning given the term in section 3 of 


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1 the Workforce Innovation and Opportunity Act (29 

2 U.S.C. 3102). 

3 (9) REGISTERED APPRENTICESHIP.—The term 

4 ‘‘registered apprenticeship’’ means an apprenticeship 

5 registered under the Act of August 16, 1937 (com6 monly known as the ‘‘National Apprenticeship Act’’; 

7 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). 

8 (10) REPRESENTATIVE.—The term ‘‘represent9 ative’’ means an exclusive representative of employ10 ees within the meaning of section 9(a) or 8(f) of the 

11 National Labor Relations Act (29 U.S.C. 159(a), 

12 158(f)) or section 2 of the Railway Labor Act (45 

13 U.S.C. 152). 

14 (11) TECHNOLOGY.— 

15 (A) IN GENERAL.—The term ‘‘technology’’ 

16 means a computerized process used to create 

17 value at a business enterprise, including auto18 mation, artificial intelligence, robotics, personal 

19 computing, information technology, and e-com20 merce. 

21 (B) REGULATIONS.—The Secretary of 

22 Labor, in consultation with the Secretary of 

23 Commerce, shall promulgate regulations further 

24 defining the term ‘‘technology’’ for purposes of 

25 this Act. 


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1 SEC. 3. BARGAINING AND NOTICE REQUIRED BEFORE USE 

2 OF EMPLOYMENT-CHANGING OR EMPLOY3 MENT-ELIMINATING TECHNOLOGY. 

4 (a) BARGAINING WITH EMPLOYEES BEFORE USE OF

5 EMPLOYMENT-CHANGING OR EMPLOYMENT-ELIMINATING

6 TECHNOLOGY.— 

7 (1) IN GENERAL.—Not later than 180 days be8 fore providing any notices under subsection (b), an 

9 employer that intends to use technology that will re10 sult in a change in employment position or an em11 ployment loss to any employees of the employer shall 

12 engage in bargaining with such employees through 

13 their chosen representative in order to ensure the 

14 technology is procured and implemented in a way 

15 that incorporates the skills and roles of the employ16 ees of the employer. 

17 (2) CHOSEN REPRESENTATIVES.—An employer 

18 shall carry out the bargaining required under para19 graph (1) with— 

20 (A) in the case of affected employees who 

21 are represented by a labor organization for pur22 poses of collective bargaining, a representative 

23 from the labor organization; or 

24 (B) in the case of affected employees who 

25 are not represented by a labor organization for 

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1 mittee of employees who are elected by their 

2 peers for purposes of the bargaining. 

3 (3) MEDIATION UPON FAILURE TO AGREE.— 

4 (A) REQUEST.—If an employer and the 

5 chosen representative of employees are unable 

6 to obtain an agreement under paragraph (1) by 

7 180 days after the commencement of the bar8 gaining, the parties shall notify the Federal Me9 diation and Conciliation Service of the failure to 

10 reach agreement and request mediation. 

11 (B) ROLE OF SERVICE.—The Federal Me12 diation and Conciliation Service shall, upon re13 ceiving a request under subparagraph (A), 

14 promptly communicate with the parties and 

15 work to bring the parties to agreement through 

16 mediation and conciliation. 

17 (4) INTERACTION WITH NLRA.—A committee of 

18 employees constituted for purposes of this subsection 

19 shall not be found to constitute a labor organization, 

20 as defined in section 2 of the National Labor Rela21 tions Act (29 U.S.C. 152). 

22 (b) NOTICE TO EMPLOYEES FOR CHANGE IN EM23 PLOYMENT POSITIONS.— 

24 (1) IN GENERAL.—An employer that intends to 

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1 ployment position for one or more employees of the 

2 employer shall, not later than 180 days before any 

3 such change in employment position, provide written 

4 notice signed by the employer’s authorized rep5 resentative— 

6 (A) of the technology, including a descrip7 tion of the technology, and the impact of the 

8 technology on employment positions, including 

9 which employment positions will be impacted 

10 and whether any new positions will be created; 

11 and 

12 (B) regarding the required training that 

13 the employer will provide under section 4. 

14 (2) PROVISION OF NOTICE.—The written notice 

15 under paragraph (1) shall be— 

16 (A) provided to each chosen representative 

17 of the affected employees, as of the date of the 

18 notice, and to each affected employee; 

19 (B) distributed electronically if the em20 ployer customarily communicates with its em21 ployees through electronic communications; and 

22 (C) posted publicly in conspicuous loca23 tions in the workplace, including all places 

24 where notices to employees are commonly post25 ed by the employer. 


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1 (c) NOTICE TO EMPLOYEES SUBJECT TO AN EM2 PLOYMENT LOSS.—An employer that intends to use tech3 nology that will cause an employment loss for one or more 

4 employees of the employer shall, not later than 270 days 

5 before any such employment loss, provide and post written 

6 notice that includes the information described in sub7 section (b)(1), in the same manner as described in sub8 section (b)(2). 

9 SEC. 4. REQUIRED TRAINING AND BENEFITS. 

10 (a) CHANGES IN EMPLOYMENT POSITION.— 

11 (1) IN GENERAL.—An employer who is required 

12 under section 3(b) to provide notice of technology 

13 that will result in a change in employment position 

14 and require different skills due to the use of tech15 nology for one or more employees shall, beginning 

16 not later than 180 days before changing employee 

17 positions due to technology, provide on-the-job train18 ing described in paragraph (2) to each affected em19 ployee who will be impacted by the technology. 

20 (2) TYPE OF TRAINING.—The training provided 

21 under paragraph (1) shall— 

22 (A) be training that prepares the employee 

23 to be able to fulfill the new duties of the posi24 tion, without regard to the length of time the 

25 training will take; and 


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1 (B) be supplemented, as necessary, by em2 ployer-paid training— 

3 (i) through a registered apprentice4 ship program; 

5 (ii) that leads to a recognized postsec6 ondary credential (which may be an indus7 try-recognized credential) offered by an in8 stitution of higher education; or 

9 (iii) that leads to an industry-recog10 nized credential offered by a nonprofit or11 ganization that is an eligible provider 

12 under section 122(d) of the Workforce In13 novation and Opportunity Act (29 U.S.C. 

14 3152(d)). 

15 (b) EMPLOYMENT LOSS.— 

16 (1) PRIORITY AND TRAINING.—An employer 

17 who is required under section 3(c) to provide notice 

18 of technology that will result in employment loss for 

19 one or more employees of the employer shall— 

20 (A) give hiring priority to affected employ21 ees for any new or open positions of the em22 ployer for 1 year after the date of the notice; 

23 (B) beginning not later than 180 days be24 fore the employment loss, provide job training 


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1 described in paragraph (2) for not less than 1 

2 year to prepare the employee for— 

3 (i) another position with the employer 

4 that provides wages comparable to the em5 ployee’s original position; or 

6 (ii) an occupation that provides wages 

7 comparable to the employee’s original posi8 tion with a different employer; and 

9 (C) on the day that the employee experi10 ences the employment loss, provide the affected 

11 employee with 6 months of severance pay, in a 

12 total amount equal to 6 months of the employ13 ee’s wages in the employee’s prior position. 

14 (2) TYPE OF TRAINING.— 

15 (A) IN GENERAL.—The training provided 

16 under paragraph (1) (except for training de17 scribed in paragraph (1)(B)(ii)) shall be train18 ing that is— 

19 (i) chosen by the employee; and 

20 (ii) provided at the worksite or supple21 mented as necessary by employer-paid 

22 training— 

23 (I) through a registered appren24 ticeship program; or 


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1 (II) that leads to a recognized 

2 postsecondary credential offered by an 

3 institution of higher education. 

4 (B) OFFSITE TRAINING RULES.—If train5 ing required under subparagraph (A) is supple6 mented by offsite training, then the employer 

7 shall permit the employee to participate in that 

8 training during work hours, as long as the em9 ployee works a minimum of 15 hours a week. 

10 (C) TRAINING FOR A NEW OCCUPATION.— 

11 In the case of an employer who chooses to pro12 vide training under paragraph (1)(B)(ii) to an 

13 affected employee, the employer shall provide 

14 the employee with a voucher of $8,000 that the 

15 employee may use at any eligible provider of 

16 training services under section 122 of the 

17 Workforce Innovation and Opportunity Act (29 

18 U.S.C. 3152). 

19 (c) BASIC SKILLS TRAINING.— 

20 (1) IN GENERAL.—If an employee subject to a 

21 change in employment position or employment loss 

22 would need, in addition to job training for a new po23 sition, additional basic skills (such as a high school 

24 diploma or its equivalent) to meet the requirements 

25 for the new employment position, the employer of 


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1 the employee shall provide the employee with 180 

2 days of training to assist the employee in gaining 

3 the minimum basic skills necessary. 

4 (2) INTERACTION WITH OTHER TRAINING.— 

5 Basic skills training provided to an employee under 

6 this subsection, and the 180-day period for its provi7 sion, shall be in addition to any other training to 

8 which the employee has a right under this Act. 

9 (3) LOCATION OF TRAINING.—The basic skills 

10 training provided under paragraph (1) may be pro11 vided through an on-site or off-site basic skills pro12 gram. 

13 (d) NO REDUCTION IN PAY.—An employer shall pro14 vide any training required under subsection (a), (b), or 

15 (c) during the affected employee’s work hours and shall 

16 not reduce an employee’s pay or benefits while the em17 ployee is receiving training. 

18 (e) SOCIAL SECURITY ADMINISTRATION DOCU19 MENTATION.—An employer that provides an affected em20 ployee with any compensation under this section shall sub21 mit documentation to the Social Security Administration 

22 to ensure that any compensation distributed to employees 

23 under this Act is allocated to the appropriate calendar 

24 year. 


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1 SEC. 5. PROTECTIONS FOR EMPLOYEES. 

2 No employer shall discharge or in any manner dis3 criminate against any employee of the employer with re4 spect to the employee’s compensation, terms, conditions, 

5 or other privileges of employment because— 

6 (1) the employee has received training or sever7 ance pay under this Act; or 

8 (2) the employee (or an individual acting at the 

9 request of the employee) has— 

10 (A) requested new employment for the em11 ployee with the employer under this Act; or 

12 (B) otherwise asserted or sought to enforce 

13 the employee’s rights under this Act. 

14 SEC. 6. ADMINISTRATION AND ENFORCEMENT OF RE15 QUIREMENTS. 

16 (a) CIVIL ACTIONS AGAINST EMPLOYERS.— 

17 (1) VIOLATIONS OF NOTICE, PAY, AND TRAIN18 ING REQUIREMENTS.— 

19 (A) IN GENERAL.—An affected employee 

20 aggrieved of a violation of section 3, 4, or 5 by 

21 an employer, or the chosen representative of 

22 such affected employee, may bring a civil action 

23 in accordance with this subsection. 

24 (B) REMEDIES.—A court shall award an 

25 affected employee who prevails in a civil action 

26 brought under subparagraph (A)— 


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1 (i) subject to subparagraphs (C) and 

2 (D)— 

3 (I) any back pay or unpaid wages 

4 due to the employee because of the 

5 violation, at a rate of compensation 

6 not less than the higher of— 

7 (aa) the average regular rate 

8 received by such employee during 

9 the last year of the employee’s 

10 employment before the violation; 

11 or 

12 (bb) the final regular rate 

13 received by such employee before 

14 the violation; 

15 (II) the cost of any benefits lost 

16 under an employee benefit plan de17 scribed in section 3(3) of the Em18 ployee Retirement Income Security 

19 Act of 1974 (29 U.S.C. 1002(3)) due 

20 to the violation, including the cost of 

21 medical expenses incurred during an 

22 employment loss that would have been 

23 covered under an employee benefit 

24 plan if the violation had not occurred; 

25 and 


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1 (III) any amounts due the em2 ployee under section 4(b)(1)(C); 

3 (ii) any such amounts as appropriate 

4 to remedy any violation of this Act, includ5 ing any punitive and consequential eco6 nomic damages, that the court determines 

7 appropriate; and 

8 (iii) any equitable relief, including in9 junctive relief, the court determines nec10 essary to remedy the violation of this Act, 

11 which, for a violation of section 5, may in12 clude employment, reinstatement, pro13 motion, or any other appropriate relief. 

14 (C) PERIOD.—The amount of damages 

15 under subparagraph (B)(i) shall be calculated 

16 for the period of the violation, up to a max17 imum of 60 days, but in no event for more than 

18 one-half the number of days the employee was 

19 employed by the employer. 

20 (D) REDUCTIONS IN LIABILITY.—The 

21 amount of damages— 

22 (i) under subparagraph (B)(i)(I) shall 

23 be reduced by— 


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1 (I) any wages paid by the em2 ployer to the employee for the period 

3 of the violation; 

4 (II) any voluntary and uncondi5 tional payment by the employer to the 

6 employee that is not required by any 

7 legal obligation; and 

8 (III) any payment by the em9 ployer to a third party or trustee 

10 (such as premiums for health benefits 

11 or payments to a defined contribution 

12 pension plan) on behalf of and attrib13 utable to the employee for the period 

14 of the violation; and 

15 (ii) under subparagraph (B)(i)(II) 

16 may be reduced by crediting the employee 

17 with service for all purposes under a de18 fined benefit pensions plan for the period 

19 of the violation. 

20 (2) VENUE.—An employee or a representative 

21 of an employee may bring a civil action under para22 graph (1) on behalf of the employee, other similarly 

23 situated employees, or both, in— 

24 (A) the judicial district in which the em25 ployer has its principal office; or 


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1 (B) a judicial district in which— 

2 (i)(I) the violation is alleged to have 

3 occurred; 

4 (II) the employment records relevant 

5 to such practice are maintained and ad6 ministered; or 

7 (III) the aggrieved individual would 

8 have worked but for the alleged unlawful 

9 employment practice; and 

10 (ii) the employer is found. 

11 (3) ATTORNEY’S FEES.—The court shall award 

12 an attorney’s fee (including expert fees) that the 

13 court determines reasonable as part of the costs to 

14 a prevailing party in a civil action under paragraph 

15 (1). 

16 (4) LIMITATION ON PRIVATE ACTION WHILE AC17 TION OF SECRETARY IS PENDING.—If the Secretary 

18 or the attorney general of a State has instituted an 

19 enforcement action under subsection (b), an indi20 vidual employee may not bring an action under this 

21 subsection during the pendency of the proceeding 

22 against any person with respect to whom the Sec23 retary has instituted the proceeding. 

24 (b) ENFORCEMENT ACTIONS.— 

25 (1) ACTIONS BY THE SECRETARY.— 


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1 (A) CIVIL ACTIONS.—The Secretary may 

2 bring an action in any court of competent juris3 diction to recover on behalf of an employee rem4 edies described in subsection (a)(1). 

5 (B) SUMS RECOVERED.—Any sums recov6 ered by the Secretary on behalf of an employee 

7 under subsection (a)(1) shall be held in a spe8 cial deposit account and shall be paid, on order 

9 of the Secretary, directly to each employee af10 fected. Any such sums not paid to an employee 

11 because of inability to do so within a period of 

12 3 years shall be credited as an offsetting collec13 tion to the appropriations account of the Sec14 retary for expenses for the administration of 

15 this Act and shall remain available to the Sec16 retary until expended. 

17 (C) ACTION TO COMPEL RELIEF BY SEC18 RETARY.—The district courts of the United 

19 States shall have jurisdiction, for cause shown, 

20 over an action brought by the Secretary to re21 strain the withholding of payment of back pay, 

22 benefits, or other compensation, plus interest, 

23 found by the court to be due to employees 

24 under this Act. 


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1 (2) STATE ENFORCEMENT.—In any case in 

2 which the attorney general of a State has reason to 

3 believe that an interest of employees of that State 

4 has been or is threatened or adversely affected by a 

5 violation of this Act, the attorney general of the 

6 State may, as parens patriae, bring a civil action on 

7 behalf of the employees of the State in an appro8 priate State court or district court of the United 

9 States to obtain any relief described in paragraph 

10 (1)(A) on behalf of residents in the State. Any sums 

11 recovered by the State shall be administered by the 

12 attorney general of the State in the same manner as 

13 described in paragraph (1)(B). 

14 (c) CIVIL FINES.— 

15 (1) IN GENERAL.—Any employer who violates 

16 the provisions of section 3, 4, or 5 shall be subject 

17 to a civil fine, assessed by the Secretary of Labor, 

18 of not more than $5,000 for each employee and for 

19 each day of such violation. 

20 (2) RULE OF CONSTRUCTION.—Nothing in 

21 paragraph (1) shall be construed to preclude an em22 ployee of an employer assessed a civil fine under 

23 such paragraph from bringing a civil action against 

24 the employer under subsection (a). 


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1 (3) GOOD FAITH.—If an employer that has vio2 lated this Act proves to the satisfaction of the court 

3 that the act or omission that violated this Act was 

4 in good faith and that the employer had reasonable 

5 grounds for believing that the act or omission was 

6 not a violation of this Act, the court may, in its dis7 cretion, reduce the civil fine under this subsection. 

8 SEC. 7. RULES REGARDING RIGHTS AND REMEDIES. 

9 (a) RIGHTS AND REMEDIES NOT SUBJECT TO WAIV10 ER.— 

11 (1) IN GENERAL.—The rights and remedies 

12 provided under this Act (including the right to main13 tain a civil action) may not be waived, deferred, or 

14 lost pursuant to any agreement or settlement other 

15 than an agreement or settlement described in para16 graph (2). 

17 (2) AGREEMENT OR SETTLEMENT.—An agree18 ment or settlement referred to in paragraph (1) is 

19 an agreement or settlement negotiated by the Sec20 retary, an attorney general of any State, a private 

21 attorney on behalf of affected employees, or a des22 ignated representative of affected employees under 

23 the National Labor Relations Act (29 U.S.C. 151 et 

24 seq.) or the Railway Labor Act (45 U.S.C. 151 et 

25 seq.). 


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1 (b) INTERACTION WITH OTHER RIGHTS AND REM2 EDIES.—The rights and remedies provided to employees 

3 by this Act are in addition to, and not in lieu of, any other 

4 contractual or statutory rights and remedies of the em5 ployees, and are not intended to alter or affect such rights 

6 and remedies, except that the period of notification re7 quired by this Act shall run concurrently with any period 

8 of notification required by contract or by any other stat9 ute. 

10 (c) EFFECT ON OTHER LAWS.—The giving of notice 

11 pursuant to this Act, if done in good faith compliance with 

12 this Act, shall not constitute a violation of the National 

13 Labor Relations Act (29 U.S.C. 151 et seq.) or the Rail14 way Labor Act (45 U.S.C. 151 et seq.). 

15 SEC. 8. LIMITED REGULATORY AUTHORITY. 

16 (a) IN GENERAL.—Except as provided in section 

17 2(11)(B), the Secretary of Labor shall not have authority 

18 to promulgate regulations to carry out this Act. The Sec19 retary of Labor may provide guidance that describes— 

20 (1) the methods by which employers may pro21 vide for appropriate service of notice of bargaining 

22 period under section 3(a) and notice of change in 

23 employment position or loss of employment under 

24 subsection (b) or (c) of section 3 to employees and 

25 to representatives of employees; 


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1 (2) how an employer may comply with the re2 quirement to publicly post such notice under sub3 sections (b) and (c) of section 3; and 

4 (3) what constitutes good faith under section 

5 6(c)(3) for employers. 

6 (b) METHODS OF NOTICE TO AFFECTED EMPLOY7 EES.—The mailing of notice to an employee’s last known 

8 address or inclusion of notice in the employee’s paycheck 

9 will be considered acceptable methods for fulfillment of the 

10 employer’s obligation to give notice to each affected em11 ployee under subsections (b)(2)(A) and (c) of section 3. 

12 SEC. 9. EXEMPTION OF CERTAIN PAYMENTS RELATED TO 

13 EMPLOYMENT LOSS FROM GROSS INCOME. 

14 (a) IN GENERAL.—Part III of subchapter B of chap15 ter 1 of the Internal Revenue Code of 1986 is amended 

16 by inserting after section 103 the following new section: 

17 ‘‘SEC. 103A. CERTAIN PAYMENTS RELATED TO EMPLOY18 MENT LOSS. 

19 ‘‘(a) IN GENERAL.—In the case of an employee who 

20 has experienced an employment loss, gross income shall 

21 not include any of the following amounts related to such 

22 employment loss: 

23 ‘‘(1) Any severance pay provided pursuant to 

24 section 4(b)(1)(C) of the Workers’ Right to Training 

25 Act. 


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1 ‘‘(2) Any amount received as a voucher for 

2 training services pursuant to section 4(b)(2)(C) of 

3 such Act. 

4 ‘‘(3) Any back pay awarded by court pursuant 

5 to section 6(a)(1)(B)(i)(I) of such Act. 

6 ‘‘(b) DEFINITIONS.—The terms ‘employee’, ‘em7 ployer’, and ‘employment loss’ have the same meaning 

8 given such terms under section 2 of the Workers’ Right 

9 to Training Act.’’. 

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions for part III of subchapter B of chapter 1 of the In12 ternal Revenue Code of 1986 is amended by inserting 

13 after the item related to section 103 the following new 

14 item: 

‘‘Sec. 103A. Certain payments related to employment loss.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to taxable years beginning after 

17 December 31, 2019. 

Æ 


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