‘‘(D) the availability of employment at 
other establishments owned by the employer; 
‘‘(E) a statement of each employee’s rights 
with respect to wages and severance and em-
ployee benefits; and 
‘‘(F) a statement of the available employ-
ment and training services provided by the De-
partment of Labor; and 
‘‘(2) in each notice required under such sub-
section (except for paragraph (1)(B) of such sub-
section), the names, addresses, and occupations of 
the affected employees. 
‘‘(g) INFORMATION
REGARDING
BENEFITS
AND 
SERVICES AVAILABLE TO EMPLOYEES.—Concurrent with 
or immediately after providing the notice required under 
subsection (a)(1), an employer shall provide affected em-
ployees with information regarding the benefits and serv-
ices available to such employees, as described in the guide 
compiled by the Secretary under section 13. 
‘‘(h) ACCESS OF RAPID RESPONSE TEAMS.—An em-
ployer who is required to provide notice under subsection 
(a) shall permit, during work hours, reasonable on-site ac-
cess to any Federal, State, or local rapid response team 
under section 134(a)(2)(A) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3174(a)(2)(A)) respon-
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sible for providing reemployment, training services, and 
related services to affected employees. 
‘‘(i) DOL NOTICE TO CONGRESS.—As soon as prac-
ticable and not later than 15 days after receiving notice 
under subsection (a)(2), the Secretary of Labor shall no-
tify 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 occur.’’. 
(b) WIOA AMENDMENT REGARDING THE PROVISION 
OF INFORMATION THROUGH LOCAL EMPLOYMENT AND 
TRAINING ACTIVITIES.—Section 134(c)(2)(A)(iv)(I)(aa) 
of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(c)(2)(A)(iv)(I)(aa)) is amended by inserting 
before the semicolon the following: ‘‘and of information in 
notices described in section 3(a), and of access to the data-
base established under section 5(e), of the Worker Adjust-
ment and Retraining Notification Act (29 U.S.C. 2102(a); 
2104(e))’’. 
SEC. 3. EXEMPTIONS. 
Section 4 of the Worker Adjustment and Retraining 
Notification Act (29 U.S.C. 2103) is amended to read as 
follows: 
‘‘SEC. 4. EXEMPTIONS. 
‘‘This Act shall not apply to a site closing or mass 
layoff if the closing is of a temporary facility or the closing 
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or layoff is the result of the completion of a particular 
project or undertaking, and the affected employees were 
hired with the understanding that their employment was 
limited to the duration of the facility or the project or un-
dertaking.’’. 
SEC. 4. ADMINISTRATION AND ENFORCEMENT OF RE-
QUIREMENTS. 
Section 5 of the Worker Adjustment and Retraining 
Notification Act (29 U.S.C. 2104) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘plant’’ and insert-
ing ‘‘site’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by striking ‘‘each day’’ and insert-
ing ‘‘each calendar day’’; and 
(II) in clause (ii), by striking 
‘‘and’’ after the semicolon; 
(iii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; 
and’’; 
(iv) by inserting after subparagraph 
(B) the following: 
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‘‘(C) liquidated damages in an amount equal to 
30 days of back pay, at the rate of compensation 
calculated under subparagraph (A).’’; and 
(v) in the flush text following sub-
paragraph (C) (as added by clause (iv)), by 
striking ‘‘60 days’’ and inserting ‘‘90 
days’’; 
(B) in paragraph (2)(A), by inserting ‘‘, 
which begins on the date of the employment 
loss’’ after ‘‘the violation’’; 
(C) in paragraph (3), by inserting ‘‘the 
Secretary, a State, or’’ before ‘‘a unit of local 
government’’; 
(D) in paragraph (4)— 
(i) by striking ‘‘which has violated 
this Act’’ and inserting ‘‘that has violated 
the provisions of section 3 with respect to 
the Secretary, a State, or a unit of local 
government’’; 
(ii) by striking ‘‘omission that violated 
this Act’’ and inserting ‘‘omission that vio-
lated such provisions’’; 
(iii) by striking ‘‘violation of this Act’’ 
and inserting ‘‘violation of such provi-
sions’’; and 
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(iv) 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 (3)’’; 
(E) by striking paragraph (5) and insert-
ing the following: 
‘‘(5) A person (including a representative of 
employees, the State where the site closing or mass 
layoff is to occur, the entity designated by the State 
to carry out rapid response activities under section 
134(a)(2)(A) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3174(a)(2)(A)), or a unit 
of local government aggrieved under paragraph (1) 
or (3)) seeking to enforce the liability provided for 
in this section may, either for such person, for other 
persons similarly situated, or for both, bring suit in 
any district court of the United States for any dis-
trict in which the violation is alleged to have oc-
curred or in which the employer transacts busi-
ness.’’; 
(F) in paragraph (6), by striking ‘‘pre-
vailing party’’ and inserting ‘‘prevailing plain-
tiff’’; and 
(G) in paragraph (7), by striking ‘‘plant’’ 
and inserting ‘‘site’’; 
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(2) by redesignating subsection (b) as sub-
section (c); 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) LIMITATIONS.—An action shall be brought 
under this section not later than 4 years after the date 
of the last event constituting the alleged violation for 
which the action is brought.’’; 
(4) in subsection (c), as so redesignated, by 
striking ‘‘plant’’ and inserting ‘‘site’’; and 
(5) by adding at the end the following: 
‘‘(d) EXEMPTION FROM LIQUIDATED DAMAGES.— 
Notwithstanding subsection (a)(1)(C), an employer is not 
liable for the liquidated damages described in such sub-
section if the alleged site closing or mass layoff is caused 
by business circumstances (other than a financier’s deci-
sion) that were not contemplated nor should reasonably 
have been contemplated as of the 30th day before the site 
closing or mass layoff. 
‘‘(e) DATABASE.— 
‘‘(1) TRANSMITTALS.—A State or designated 
entity that receives a notice under section 3(a) shall 
transmit a copy of the notice to the Secretary. 
‘‘(2) DATABASE.—The Secretary shall create 
and maintain a publicly available database that pro-
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vides information from notices transmitted under 
paragraph (1). 
‘‘(3) CONTENTS OF DATABASE.—The database 
under paragraph (2) shall include— 
‘‘(A) for each notice transmitted under 
paragraph (1), a copy of the notice, the date of 
the notice, the name of the employer involved, 
the unit of local government affected by the 
closing or layoff involved, the number of em-
ployees so affected, the sector in which the lay-
off occurred (as identified by the North Amer-
ican Industry Classification System code), and 
the type of the closing or layoff; 
‘‘(B) a search function that allows users to 
identify the geographic, annual, and sectoral 
breakdown of the notices; and 
‘‘(C) a function that allows the data to be 
downloaded in a user-friendly format. 
‘‘(4) ACCESS
THROUGH
WEBSITE.—The Sec-
retary shall provide a link to the database through 
the Internet website of the Department of Labor.’’. 
SEC. 5. POSTING OF NOTICES. 
Section 11 of the Worker Adjustment and Retraining 
Notification Act (29 U.S.C. 2101 note) is amended to read 
as follows: 
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‘‘SEC. 11. POSTING OF NOTICES. 
‘‘(a) POSTING OF NOTICES.—Each employer shall 
post and keep posted, in conspicuous places upon its prem-
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 this Act. 
‘‘(b) PENALTIES.—The Secretary may impose a civil 
penalty on any person who willfully violates this section 
of not more than $500 for each separate offense.’’. 
SEC. 6. NON-WAIVER OF RIGHTS AND REMEDIES; INFORMA-
TION REGARDING BENEFITS AND SERVICES 
AVAILABLE TO EMPLOYEES. 
The Worker Adjustment and Retraining Notification 
Act (29 U.S.C. 2101 et seq.) is further amended by adding 
at the end the following: 
‘‘SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIV-
ER. 
‘‘(a) IN GENERAL.—The rights and remedies pro-
vided under this Act (including the right to file or partici-
pate in a class action under rule 23 of the Federal Rules 
of Civil Procedure in Federal court) are substantive and 
may not be waived, deferred, or lost pursuant to any 
agreement or settlement other than an agreement or set-
tlement described in subsection (b). 
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‘‘(b) AGREEMENT OR SETTLEMENT.—An agreement 
or settlement referred to in subsection (a) is an agreement 
or settlement negotiated by— 
‘‘(1) a private attorney on behalf of affected 
employees; or 
‘‘(2) a designated representative of affected em-
ployees under the National Labor Relations Act (29 
U.S.C. 151 et seq.) or the Railway Labor Act (45 
U.S.C. 151 et seq.). 
‘‘SEC. 13. INFORMATION REGARDING BENEFITS AND SERV-
ICES AVAILABLE TO WORKERS. 
‘‘(a) IN GENERAL.—The Secretary of Labor shall 
maintain a guide of benefits and services that may be 
available to affected employees, including unemployment 
compensation, trade adjustment assistance, COBRA con-
tinuation coverage, and early access to training services 
and other services, including counseling services, available 
under title I of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3111 et seq.). 
‘‘(b) AVAILABILITY
OF GUIDE.—The guide main-
tained under subsection (a) shall be available on the Inter-
net website of the Department of Labor and shall include 
a description of the benefits and services, the eligibility 
requirements, and the means of obtaining such benefits 
and services. 
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‘‘(c) TRANSMISSION TO EMPLOYERS.—Upon receiv-
ing notice from an employer under section 3(a)(2), the 
Secretary shall immediately transmit such guide to such 
employer.’’. 
SEC. 7. CONFORMING AMENDMENTS. 
(a) WORKER ADJUSTMENT AND RETRAINING NOTI-
FICATION ACT.—The Worker Adjustment and Retraining 
Notification Act is amended— 
(1) in the table of contents in section 1(b) (29 
U.S.C. 2101 note)— 
(A) by striking the item relating to section 
3 and inserting the following: 
‘‘Sec. 3. Notice required before site closings and mass layoffs.’’; 
(B) by striking the item relating to section 
11 and inserting the following: 
‘‘Sec. 11. Posting of notices.’’; and 
(C) by adding at the end the following: 
‘‘Sec. 12. Rights and remedies not subject to waiver. 
‘‘Sec. 13. Information regarding benefits and services available to workers.’’; 
and 
(2) in section 7 (29 U.S.C. 2106), by striking 
‘‘plant’’ and inserting ‘‘site’’. 
(b) OTHER LAWS.—Section 3110(a)(5) of the USEC 
Privatization Act (42 U.S.C. 2297h–8(a)(5)) is amended 
by striking ‘‘2101(a) (2) and (3) of title 29, United States 
Code’’ and inserting ‘‘paragraphs (2) and (3) of section 
2(a) of the Worker Adjustment and Retraining Notifica-
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tion Act (29 U.S.C. 2101(a)), as in effect on the day be-
fore the date of enactment of the Fair Warning Act of 
2022’’. 
Æ 
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