I 
118TH CONGRESS 
1ST SESSION H. R. 6358 
To amend the Worker Adjustment and Retraining Notification Act to support 
workers who are subject to an employment loss, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2023 
Mrs. SYKES (for herself, Mr. TRONE, and Ms. BUDZINSKI) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To amend the Worker Adjustment and Retraining Notifica-
tion Act to support workers who are subject to an em-
ployment loss, 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. 
This Act may be cited as the ‘‘Fair Warning Act of 
2023’’. 
VerDate Sep 11 2014 
20:48 Nov 21, 2023
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6358.IH
H6358
lotter on DSK11XQN23PROD with BILLS
SEC. 2. DEFINITIONS; PROVISION OF NOTICE OF SITE CLOS-
INGS AND MASS LAYOFFS. 
(a) WARN ACT AMENDMENTS.—Sections 2 and 3 of 
the Worker Adjustment and Retraining Notification Act 
(29 U.S.C. 2101; 2102) are amended to read as follows: 
‘‘SEC. 2. DEFINITIONS; EXCLUSIONS FROM DEFINITION OF 
LOSS OF EMPLOYMENT. 
‘‘(a) DEFINITIONS.—As used in this Act: 
‘‘(1) AFFECTED
EMPLOYEE.—The term ‘af-
fected employee’ means a full-time or part-time em-
ployee who may reasonably be expected to experience 
an employment loss as a consequence of a proposed 
site closing or mass layoff by the employee’s em-
ployer. 
‘‘(2) EMPLOYER.— 
‘‘(A) IN GENERAL.—The term ‘employer’ 
means any business enterprise of one or more 
entities that— 
‘‘(i) employs 50 or more employees, 
including part-time employees, in the ag-
gregate; or 
‘‘(ii) has an annual payroll of at least 
$2,000,000. 
‘‘(B) MULTIPLE ENTITIES.— 
‘‘(i) IN GENERAL.—In the case of a 
business enterprise of more than one enti-
VerDate Sep 11 2014 
20:48 Nov 21, 2023
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6358.IH
H6358
lotter on DSK11XQN23PROD with BILLS
ty, the entity subject to the requirements 
under this Act as an employer of an af-
fected employee shall be the entity that di-
rectly employs such employee. 
‘‘(ii) PARENTS, AFFILIATES, AND CON-
TRACTING
COMPANIES.—A parent, affil-
iate, or contracting company of the entity 
described in clause (i) may also be subject 
to the requirements under this Act as an 
employer of the affected employee de-
scribed in such clause based on the degree 
of control or integration the parent, affil-
iate, or contracting company exercises out-
side of or at the single site of employment 
at which the site closing or mass layoff oc-
curred. Such control or integration shall be 
indicated by such factors as— 
‘‘(I) common ownership or finan-
cial control; 
‘‘(II) common directors or offi-
cers; 
‘‘(III) de facto exercise of control 
over the circumstances relating to 
such site closing or mass layoff; 
VerDate Sep 11 2014 
20:48 Nov 21, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6358.IH
H6358
lotter on DSK11XQN23PROD with BILLS
‘‘(IV) unity of personnel policies 
emanating from a common source; or 
‘‘(V) dependency of operations. 
‘‘(C) ADDITIONAL DEFINITIONS.—For pur-
poses of subparagraph (B)— 
‘‘(i) the term ‘contracting company’ 
means an ultimate or intermediate client of 
an independent contractor or a provider of 
financial services that participates directly 
or indirectly in making decisions that af-
fect the provision of notice required under 
this Act; and 
‘‘(ii) the term ‘parent’ means an ulti-
mate owner or intermediate owner, regard-
less of amount of ownership interest, that 
participates directly or indirectly in making 
decisions that affect the provision of notice 
required under this Act. 
‘‘(D) CONSIDERATION.—In allocating li-
ability under this Act among multiple entities of 
a business enterprise, substantial weight shall 
be given to any decisionmaking responsibility an 
entity had for the failure to provide notice to 
affected employees as required under this Act. 
VerDate Sep 11 2014 
20:48 Nov 21, 2023
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6358.IH
H6358
lotter on DSK11XQN23PROD with BILLS
‘‘(3) EMPLOYMENT
LOSS.—Subject to sub-
section (b), the term ‘employment loss’ means— 
‘‘(A) an employment termination, other 
than a discharge for cause, voluntary departure, 
or retirement; 
‘‘(B) a layoff through a mass layoff or site 
closing that is not a temporary mass layoff or 
temporary site closing in compliance with the 
requirements under paragraphs (2) and (3) of 
section 3(d); or 
‘‘(C) a reduction in hours of work of more 
than 50 percent during each month of any 90- 
day period that is not part of a short-time com-
pensation program provided in the case of such 
a temporary mass layoff or temporary site clos-
ing. 
‘‘(4) MASS LAYOFF.— 
‘‘(A) IN GENERAL.—The term ‘mass lay-
off’ means a reduction in force that results in 
an employment loss during any 90-day period— 
‘‘(i) for 10 or more employees of an 
employer at a single site of employment, as 
calculated under subparagraph (B); or 
‘‘(ii) for 250 or more employees of an 
employer, irrespective of employment site. 
VerDate Sep 11 2014 
20:48 Nov 21, 2023
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6358.IH
H6358
lotter on DSK11XQN23PROD with BILLS