‘‘(5)(A) 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, sue in any 
district court of the United States for any district in 
which the violation is alleged to have occurred or in 
which the employer transacts business. 
‘‘(B) A person’s right to institute (including on 
behalf of other persons) or benefit from enforcement 
under subparagraph (A) shall not be affected by any 
predispute agreement, including any predispute arbi-
tration agreement or predispute joint-action waiver 
(as such terms are defined in section 401 of title 9, 
United States Code).’’; 
(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 the 
premises of the employer 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 provisions 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 
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Code’’ and inserting ‘‘paragraphs (2) and (3) of section 
2(a) of the Worker Adjustment and Retraining Notifica-
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 
2023’’. 
Æ 
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