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103D CONGRESS
2D SESSION
H. R. 4072
To amend the Worker Adjustment and Retraining Notification Act to mini-
mize the adverse effects of employment dislocation, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 1994
Mr. FORD of Michigan introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To amend the Worker Adjustment and Retraining Notifica-
tion Act to minimize the adverse effects of employment
dislocation, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Worker Adjustment and Retraining Notification Amend-
ments Act’’.
(b) REFERENCE.—Except as specifically provided
otherwise, whenever in this Act an amendment or repeal
is expressed in terms of an amendment to, or repeal of,
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a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the
Worker Adjustment and Retraining Notification Act (29
U.S.C. 2101 et seq.).
SEC. 2. DEFINITIONS.
(a) EMPLOYER, PLANT CLOSING, AND MASS LAY-
OFF.—Paragraphs (1) through (3) of section 2(a) (29
U.S.C. 2101(a)(1)–(3)) are amended to read as follows:
‘‘(1) the term ‘employer’ means any business
enterprise that employs 50 or more employees;
‘‘(2) the term ‘plant closing’ means—
‘‘(A) the permanent or temporary shut-
down of a single site of employment, or of one
or more facilities or operating units within a
single site of employment, which results in an
employment loss at such site, during any 30-
day period, for 25 or more employees; or
‘‘(B) the permanent or temporary shut-
down of one or more sites of employment, or of
one or more facilities or operating units within
such sites, which results in an employment loss,
during any 30-day period, for 100 or more
employees;
‘‘(3) the term ‘mass layoff’ means—
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‘‘(A) a reduction in force at a single site
of employment which results in an employment
loss at such site, during any 30-day period, for
25 or more employees; or
‘‘(B) a reduction in force which results in
an employment loss, during any 30-day period,
for 100 or more employees.’’.
(b) CONFORMING AMENDMENTS.—
(1) NOTICE.—Section 3(d) (29 U.S.C. 2102(d))
is amended by striking out ‘‘, each of which is less
than the minimum number of employees specified in
section 2(a) (2) or (3) but which in the aggregate
exceed that minimum number,’’ and inserting in lieu
thereof ‘‘which in the aggregate exceed the minimum
number of employees specified in section 2(a) (2) or
(3)’’.
(2) DEFINITIONS.—Section 2(b)(1) (29 U.S.C.
2101(b)(1)) is amended by striking ‘‘(other than a
part-time employee)’’.
(c) SECRETARY OF LABOR.—
(1) DEFINITION.—Paragraph (8) of section
2(a) (29 U.S.C. 2101(a)(8)) is amended to read as
follows:
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‘‘(8) the term ‘Secretary’ means the Secretary
of Labor or a representative of the Secretary of
Labor.’’.
(2) REGULATIONS.—Section 8(a) (29 U.S.C.
2107(a)) is amended by striking ‘‘of Labor’’.
SEC. 3. NOTICE.
(a) PERIOD.—Section 3 (29 U.S.C. 2102) is amend-
ed—
(1) in subsection (a), by striking ‘‘a 60-day pe-
riod after’’ and inserting ‘‘the applicable notice pe-
riod required after’’;
(2) in subsection (b), by striking ‘‘60-day pe-
riod’’ each place such term appears and inserting
‘‘notice period’’;
(3) by redesignating subsections (b) through (d)
as subsections (c) through (e), respectively; and
(4) by inserting after subsection (a), the follow-
ing new subsection:
‘‘(b) NOTICE PERIOD.—As used in this section, the
term ‘notice period’ means—
‘‘(1) in the case of a plant closing or mass lay-
off which results in an employment loss for at least
25 but not more than 49 employees, 30 days;
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‘‘(2) in the case of a plant closing or mass lay-
off which results in an employment loss for at least
50 but not more than 99 employees, 60 days; and
‘‘(3) in the case of a plant closing or mass lay-
off which results in an employment loss for at least
100 employees, 90 days.’’.
(b) 
RECIPIENT.—Section 
3(a)(1) 
(29 
U.S.C.
2102(a)(1)) is amended by striking ‘‘or, if there is no such
representative at that time, to each affected employee’’
and inserting ‘‘and to each affected employee’’.
SEC. 4. ENFORCEMENT.
(a) 
AMOUNT.—Section 
5(a)(1) 
(29 
U.S.C.
2104(a)(1)) is amended—
(1) in subparagraph (A)(ii), by striking ‘‘and’’
at the end thereof;
(2) by redesignating subparagraph (B) as sub-
paragraph (D); and
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraphs:
‘‘(B) interest on the amount described in sub-
paragraph (A) calculated at the prevailing rate;
‘‘(C) an additional amount as liquidated dam-
ages equal to the sum of the amount described in
subparagraph (A) and the interest described in sub-
paragraph (B); and’’.
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(b) LIABILITY PERIOD.—Section 5(a)(1) (29 U.S.C.
2104(a)(1) (as amended by subsection (a)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’,
(2) by redesignating subparagraphs (A) through
(D) as clauses (i) through (iv), respectively, by strik-
ing ‘‘subparagraph (A)’’ in clauses (ii) and (iii) and
inserting ‘‘clause (i)’’, and by striking ‘‘subpara-
graph (B)’’ in clause (iii) and inserting ‘‘clause (ii)’’,
(3) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), and
(4) by amending the last sentence to read as
follows:
‘‘(B) Liability under subparagraph (A) shall be cal-
culated for the period of the violation up to—
‘‘(i) 30 days, in the case of a plant closing or
mass layoff which results in an employment loss for
at least 25 but not more than 49 employees,
‘‘(ii) 60 days, in the case of a plant closing or
mass layoff which results in an employment loss for
at least 50 but not more than 99 employees, and
‘‘(iii) 90 days, in the case of a plant closing or
mass layoff which results in an employment loss for
at least 100 employees,
but in no event for more than one-half the number of days
the employee was employed by the employer.’’.
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(c) 
EXEMPTION.—Section 
5(a)(4) 
(29 
U.S.C.
2104(a)(4)) is amended by striking ‘‘reduce the amount
of the liability or penalty provided for in this section’’ and
inserting ‘‘reduce the amount of the liability under clause
(iii) of paragraph (1)(A) and reduce the amount of the
penalty provided for in paragraph (3)’’.
(d) ADMINISTRATIVE COMPLAINT.—Section 5(a)(5)
(29 U.S.C. 2104(a)(5)) is amended—
(1) by striking ‘‘may sue,’’ and inserting
‘‘may,’’;
(2) by inserting after ‘‘both,’’ the following:
‘‘(A) file a complaint with the Secretary alleging a
violation of section 3, or (B) bring suit’’; and
(3) by adding at the end thereof the following
new sentence: ‘‘A person seeking to enforce such li-
ability may use one or both of the enforcement
mechanisms described in clauses (A) and (B).’’.
(e) ACTION
BY
THE SECRETARY.—Section 5 (29
U.S.C. 2104) is amended—
(1) by redesignating subsection (b) as sub-
section (d); and
(2) by inserting after subsection (a) the follow-
ing new subsections:
‘‘(b) ACTION BY THE SECRETARY.—
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‘‘(1) ADMINISTRATIVE ACTION.—The Secretary
shall receive, investigate, and attempt to resolve
complaints of violations of section 3 by an employer
in the same manner that the Secretary receives, in-
vestigates, and attempts to resolve complaints of vio-
lations of sections 6 and 7 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206 and 207).
‘‘(2) SUBPOENA POWERS.—For the purposes of
any investigation provided for in this section, the
Secretary shall have the subpoena authority provided
for under section 9 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 209).
‘‘(3) CIVIL ACTION.—The Secretary may bring
an action in any court of competent jurisdiction to
recover on behalf of an employee the back pay, inter-
est, benefits, and liquidated damages described in
subsection (a)(1).
‘‘(4) SUMS RECOVERED.—Any sums recovered
by the Secretary on behalf of an employee shall be
held in a special deposit account and shall be paid,
on order of the Secretary, directly to each employee
affected. Any such sums not paid to an employee be-
cause of inability to do so within a period of 3 years
shall be credited as an offsetting collection to the ap-
propriations account of the Secretary of Labor for
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expenses for the administration of this Act and shall
remain available to the Secretary until expended.
‘‘(5) ACTION
TO
COMPEL
RELIEF
BY
SEC-
RETARY.—The district courts of the United States
shall have jurisdiction, for cause shown, over an ac-
tion brought by the Secretary to restrain the with-
holding of payment of back pay, interest, benefits, or
other compensation, plus interest, found by the court
to be due to employees under this Act.
‘‘(c) LIMITATIONS PERIOD.—
‘‘(1) IN GENERAL.—An action may be brought
under this section not later than 2 years after the
date of the last event constituting the alleged viola-
tion for which the action is brought.
‘‘(2) COMMENCEMENT.—In determining when
an action is commenced under this section for the
purposes of paragraph (1), it shall be considered to
be commenced on the date on which the complaint
is filed.’’.
SEC. 5. POSTING OF NOTICES; PENALTIES.
Section 11 (29 U.S.C. 2101 note) is amended to read
as follows:
‘‘SEC. 11. POSTING OF NOTICES; PENALTIES.
‘‘(a) POSTING OF NOTICES.—Each employer shall
post and keep posted in conspicuous places upon its prem-
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ises where notices to employees are customarily posted a
notice to be prepared or approved by the Secretary setting
forth excerpts from, or summaries of, the pertinent provi-
sions of this Act and information pertinent to the filing
of a complaint under section 5(a)(5).
‘‘(b) PENALTIES.—A willful violation of subsection
(a) shall be punishable by a fine of not more than $100
for each separate offense.’’.
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