I 

111TH CONGRESS 

1ST SESSION H. R. 3042 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2009 

Mr. GEORGE MILLER of California (for himself, Mr. MCHUGH, Ms. WOOLSEY, 

and Ms. KAPTUR) 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 minimize the adverse effects of employment 

dislocation, 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 ‘‘Forewarn Act’’. 

5 SEC. 2. AMENDMENTS TO THE WARN ACT. 

6 (a) DEFINITIONS.— 

7 (1) EMPLOYER, PLANT CLOSING, AND MASS

8 LAYOFF.—Paragraphs (1) through (3) of section 

9 2(a) of the Worker Adjustment and Retraining NotiVerDate Nov 24 2008 03:57 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3042.IH H3042

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1 fication Act (29 U.S.C. 2101(a)(1)–(3)) are amend2 ed to read as follows: 

3 ‘‘(1) the term ‘employer’ means any business 

4 enterprise that employs 75 or more employees and 

5 includes any parent corporation of which such busi6 ness enterprise is a subsidiary; 

7 ‘‘(2) the term ‘plant closing’ means the perma8 nent or temporary shutdown of a single site of em9 ployment, or of one or more facilities or operating 

10 units within a single site of employment, which re11 sults in an employment loss at such site, during any 

12 30-day period, for 25 or more employees; 

13 ‘‘(3) the term ‘mass layoff’ means a reduction 

14 in force at a single site of employment which results 

15 in an employment loss at such site, during any 30- 

16 day period, for 25 or more employees.’’. 

17 (2) SECRETARY OF LABOR.— 

18 (A) DEFINITION.—Paragraph (8) of such 

19 section is amended to read as follows: 

20 ‘‘(8) the term ‘Secretary’ means the Secretary 

21 of Labor or a representative of the Secretary of 

22 Labor.’’. 

23 (B) REGULATIONS.—Section 8(a) of such 

24 Act (29 U.S.C. 2107(a)) is amended by striking 

25 ‘‘of Labor’’. 


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1 (3) CONFORMING AMENDMENTS.— 

2 (A) NOTICE.—Section 3(d) of such Act (29 

3 U.S.C. 2102(d)) is amended by striking out ‘‘, 

4 each of which is less than the minimum number 

5 of employees specified in section 2(a)(2) or (3) 

6 but which in the aggregate exceed that min7 imum number,’’ and inserting ‘‘which in the ag8 gregate exceed the minimum number of employ9 ees specified in section 2(a)(2) or (3)’’. 

10 (B) DEFINITIONS.—Section 2(b)(1) of 

11 such Act (29 U.S.C. 2101(b)(1)) is amended by 

12 striking ‘‘(other than a part-time employee)’’. 

13 (b) NOTICE.— 

14 (1) NOTICE PERIOD.— 

15 (A) IN GENERAL.—Section 3 of the Work16 er Adjustment and Retraining Notification Act 

17 (29 U.S.C. 2102) is amended by striking ‘‘60- 

18 day period’’ and inserting ‘‘90-day period’’ each 

19 place it appears. 

20 (B) CONFORMING AMENDMENT.—Section 

21 5(a)(1) of such Act (29 U.S.C. 2104(a)(1)) is 

22 amended in the matter following subparagraph 

23 (B), by striking ‘‘60 days’’ and inserting ‘‘90 

24 days’’. 


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1 (2) RECIPIENTS.—Section 3(a) of such Act (29 

2 U.S.C. 2102(a)) is amended— 

3 (A) in paragraph (1), by striking ‘‘or, if 

4 there is no such representative at that time, to 

5 each affected employee; and’’ and inserting 

6 ‘‘and to each affected employee;’’; and 

7 (B) by redesignating paragraph (2) as 

8 paragraph (3) and inserting after paragraph 

9 (1) the following: 

10 ‘‘(2) to the Secretary and the Governor of the 

11 State where the plant closing or mass layoff is to 

12 occur; and’’. 

13 (3) NOTICE EXCUSED WHERE CAUSED BY TER14 RORIST ATTACK.—Section 3(b)(2) of the Worker Ad15 justment and Retraining Notification Act (29 U.S.C. 

16 2102(b)(2)) is amended by adding at the end the 

17 following: 

18 ‘‘(C) No notice under this Act shall be re19 quired if the plant closing or mass layoff is due 

20 directly to a terrorist attack on the United 

21 States.’’. 

22 (4) CONTENT OF NOTICE.—Section 3 of such 

23 Act (29 U.S.C. 2102) is further amended by adding 

24 at the end the following: 


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1 ‘‘(e) CONTENT OF NOTICES.—An employer who is re2 quired to provide notice as required under subsection (a) 

3 shall include— 

4 ‘‘(1) in each notice required under such sub5 section— 

6 ‘‘(A) a statement of the number of affected 

7 employees; 

8 ‘‘(B) the reason for the plant closing or 

9 mass layoff; 

10 ‘‘(C) the availability of employment at 

11 other establishments owned by the employer; 

12 ‘‘(D) a statement of each employee’s rights 

13 with respect to wages, severance and employee 

14 benefits; and 

15 ‘‘(E) a statement of the available employ16 ment and training services provided by the De17 partment of Labor; and 

18 ‘‘(2) in each notice required under such sub19 section except for the notice provided to individual 

20 employees, the names, addresses, and occupations of 

21 the affected employees.’’. 

22 (5) INFORMATION REGARDING BENEFITS AND

23 SERVICES AVAILABLE TO WORKERS AND DOL NO24 TICE TO CONGRESS.—Section 3 of such Act (29 


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1 U.S.C. 2102) is further amended by adding at the 

2 end the following: 

3 ‘‘(f) INFORMATION REGARDING BENEFITS AND

4 SERVICES AVAILABLE TO EMPLOYEES.—Concurrent with 

5 or immediately after providing the notice required under 

6 subsection (a)(1), an employer shall provide affected em7 ployees with information regarding the benefits and serv8 ices available to such employees, as described in the guide 

9 compiled by the Secretary under section 13. 

10 ‘‘(g) ACCESS OF RAPID RESPONSE TEAMS.—An em11 ployer who is required to provide notice shall permit, dur12 ing work hours, reasonable on-site access to any Federal, 

13 State, or local rapid response team responsible for pro14 viding reemployment, training, and related services to af15 fected employees. 

16 ‘‘(h) DOL NOTICE TO CONGRESS.—As soon as prac17 ticable and not later than 15 days after receiving notifica18 tion under subsection (a)(2), the Secretary of Labor shall 

19 notify the appropriate Senators and Members of the 

20 House of Representatives who represent the area or areas 

21 where the plant closing or mass layoff is to occur.’’. 

22 (c) ENFORCEMENT.— 

23 (1) AMOUNT.—Section 5(a)(1) of the Worker 

24 Adjustment and Retraining Notification Act (29 

25 U.S.C. 2104(a)(1)) is amended— 


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1 (A) in subparagraph (A)— 

2 (i) by striking ‘‘back pay for each day 

3 of violation’’ and inserting ‘‘two days’ pay 

4 multiplied by the number of calendar days 

5 for which the employer was required but 

6 failed to provide notice before such closing 

7 or layoff’’; and 

8 (ii) in clause (ii), by striking ‘‘and’’ at 

9 the end thereof; 

10 (B) by redesignating subparagraph (B) as 

11 subparagraph (C); 

12 (C) by inserting after subparagraph (A) 

13 the following: 

14 ‘‘(B) interest on the amount described in sub15 paragraph (A) calculated at the prevailing rate; 

16 and’’; and 

17 (D) by striking the matter following sub18 paragraph (C) (as so redesignated). 

19 (2) CONFORMING AMENDMENT.—Section 

20 5(a)(3) of such Act (29 U.S.C. 2104(a)(3)) is 

21 amended by inserting ‘‘, the Secretary of Labor, or 

22 the Governor’’ after ‘‘unit of local government’’. 

23 (3) EXEMPTION.—Section 5(a)(4) of such Act 

24 (29 U.S.C. 2104(a)(4)) is amended by striking ‘‘re25 duce the amount of the liability or penalty provided 


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1 for in this section’’ and inserting ‘‘reduce the 

2 amount of the liability under paragraph (1) and re3 duce the amount of the penalty provided for in para4 graph (3)’’. 

5 (4) ADMINISTRATIVE COMPLAINT.—Section 

6 5(a)(5) of such Act (29 U.S.C. 2104(a)(5)) is 

7 amended— 

8 (A) by striking ‘‘may sue’’ and inserting 

9 ‘‘may,’’; 

10 (B) by inserting after ‘‘both,’’ the fol11 lowing: ‘‘(A) file a complaint with the Secretary 

12 alleging a violation of section 3, or (B) bring 

13 suit’’; and 

14 (C) by adding at the end thereof the fol15 lowing new sentence: ‘‘A person seeking to en16 force such liability may use one or both of the 

17 enforcement mechanisms described in subpara18 graphs (A) and (B).’’. 

19 (5) ACTION BY THE SECRETARY.—Section 5 of 

20 such Act (29 U.S.C. 2104) is amended— 

21 (A) by redesignating subsection (b) as sub22 section (d); and 

23 (B) by inserting after subsection (a) the 

24 following new subsections: 

25 ‘‘(b) ACTION BY THE SECRETARY.— 


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1 ‘‘(1) ADMINISTRATIVE ACTION.—The Secretary 

2 shall receive, investigate, and attempt to resolve 

3 complaints of violations of section 3 by an employer 

4 in the same manner that the Secretary receives, in5 vestigates, and attempts to resolve complaints of vio6 lations of sections 6 and 7 of the Fair Labor Stand7 ards Act of 1938 (29 U.S.C. 206 and 207). 

8 ‘‘(2) SUBPOENA POWERS.—For the purposes of 

9 any investigation provided for in this section, the 

10 Secretary shall have the subpoena authority provided 

11 for under section 9 of the Fair Labor Standards Act 

12 of 1938 (29 U.S.C. 209). 

13 ‘‘(3) CIVIL ACTION.—The Secretary may bring 

14 an action in any court of competent jurisdiction to 

15 recover on behalf of an employee the backpay, inter16 est, benefits, and liquidated damages described in 

17 subsection (a). 

18 ‘‘(4) SUMS RECOVERED.—Any sums recovered 

19 by the Secretary on behalf of an employee under 

20 subparagraphs (A), (B), and (D) of section 5(a)(1) 

21 shall be held in a special deposit account and shall 

22 be paid, on order of the Secretary, directly to each 

23 employee affected. Any such sums not paid to an 

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1 retary under subparagraph (C) of section 5(a)(1), 

2 shall be credited as an offsetting collection to the ap3 propriations account of the Secretary of Labor for 

4 expenses for the administration of this Act and shall 

5 remain available to the Secretary until expended. 

6 ‘‘(5) ACTION TO COMPEL RELIEF BY SEC7 RETARY.—The district courts of the United States 

8 shall have jurisdiction, for cause shown, over an ac9 tion brought by the Secretary to restrain the with10 holding of payment of back pay, interest, benefits, or 

11 other compensation, plus interest, found by the court 

12 to be due to employees under this Act. 

13 ‘‘(c) LIMITATIONS.— 

14 ‘‘(1) LIMITATIONS PERIOD.—An action may be 

15 brought under this section not later than 2 years 

16 after the date of the last event constituting the al17 leged violation for which the action is brought. 

18 ‘‘(2) COMMENCEMENT.—In determining when 

19 an action is commenced under this section for the 

20 purposes of paragraph (1), it shall be considered to 

21 be commenced on the date on which the complaint 

22 is filed. 

23 ‘‘(3) LIMITATION ON PRIVATE ACTION WHILE

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1 ceeding under subsection (b), an individual employee 

2 may not bring an action under subsection (a) during 

3 the pendency of the proceeding against any person 

4 with respect to whom the Secretary has instituted 

5 the proceeding.’’. 

6 (d) POSTING OF NOTICES; PENALTIES.—Section 11 

7 of the Worker Adjustment and Retraining Notification Act 

8 (29 U.S.C. 2101 note) is amended to read as follows: 

9 ‘‘SEC. 11. POSTING OF NOTICES; PENALTIES. 

10 ‘‘(a) POSTING OF NOTICES.—Each employer shall 

11 post and keep posted in conspicuous places upon its prem12 ises where notices to employees are customarily posted a 

13 notice to be prepared or approved by the Secretary setting 

14 forth excerpts from, or summaries of, the pertinent provi15 sions of this chapter and information pertinent to the fil16 ing of a complaint. 

17 ‘‘(b) PENALTIES.—A willful violation of this section 

18 shall be punishable by a fine of not more than $500 for 

19 each separate offense.’’. 

20 (e) NON-WAIVER OF RIGHTS AND REMEDIES; INFOR21 MATION REGARDING BENEFITS AND SERVICES AVAIL22 ABLE TO EMPLOYEES.—Such Act is further amended by 

23 adding at the end the following: 


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1 ‘‘SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIV2 ER. 

3 ‘‘(a) IN GENERAL.—The rights and remedies pro4 vided under this Act (including the right to maintain a 

5 civil action) may not be waived, deferred, or lost pursuant 

6 to any agreement or settlement other than an agreement 

7 or settlement described in subsection (b). 

8 ‘‘(b) AGREEMENT OR SETTLEMENT.—An agreement 

9 or settlement referred to in subsection (a) is an agreement 

10 or settlement negotiated by the Secretary, an attorney 

11 general of any State, or a private attorney on behalf of 

12 affected employees. 

13 ‘‘SEC. 13. INFORMATION REGARDING BENEFITS AND SERV14 ICES AVAILABLE TO WORKERS. 

15 ‘‘The Secretary of Labor shall maintain a guide of 

16 benefits and services which may be available to affected 

17 employees, including unemployment compensation, trade 

18 adjustment assistance, COBRA benefits, and early access 

19 to training and other services, including counseling serv20 ices, available under the Workforce Investment Act of 

21 1998. Such guide shall be available on the Internet website 

22 of the Department of Labor and shall include a descrip23 tion of the benefits and services, the eligibility require24 ments, and the means of obtaining such benefits and serv25 ices. Upon receiving notice from an employer under secVerDate Nov 24 2008 03:57 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3042.IH H3042

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1 tion 3(a)(2), the Secretary shall immediately transmit 

2 such guide to such employer.’’. 

3 SEC. 3. EFFECTIVE DATE. 

4 Except as otherwise provided in this Act, the provi5 sions of this Act, and the amendments made by this Act, 

6 shall take effect on the date of the enactment of this Act. 

7 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

8 In addition to funds authorized to be appropriated 

9 for the general enforcement of the Worker Adjustment 

10 and Retraining Notification Act, there is authorized to be 

11 appropriated to the Secretary of Labor such additional 

12 sums as may be necessary for the additional enforcement 

13 authority authorized by the amendments made by this Act. 

Æ 


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