I 
117TH CONGRESS 
2D SESSION 
H. R. 8148 
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 
JUNE 17, 2022 
Mr. RYAN (for himself and Mr. TRONE) 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 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 
2022’’. 
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: 
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‘‘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-
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. 
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‘‘(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; 
‘‘(IV) unity of personnel policies 
emanating from a common source; or 
‘‘(V) dependency of operations. 
‘‘(C) ADDITIONAL DEFINITIONS.—For pur-
poses of subparagraph (B)— 
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‘‘(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. 
‘‘(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; 
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‘‘(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. 
‘‘(B) CALCULATION.—The number of em-
ployees at a single site who suffer an employ-
ment loss shall be calculated in a manner that 
includes— 
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‘‘(i) all such employees who work at 
the physical location of the site; and 
‘‘(ii) all such employees who work re-
motely and— 
‘‘(I) are assigned to or otherwise 
associated with the site; 
‘‘(II) 
receive 
assignments 
or 
training from the site; 
‘‘(III) report to a manager asso-
ciated with the site; or 
‘‘(IV) whose job loss was a fore-
seeable consequence of a reduction in 
force at the site. 
‘‘(5) REPRESENTATIVE.—The term ‘representa-
tive’ means an exclusive representative of employees 
within the meaning of section 8(f) or 9(a) of the Na-
tional Labor Relations Act (29 U.S.C. 158(f); 
159(a)) or section 2 of the Railway Labor Act (45 
U.S.C. 152). 
‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Labor. 
‘‘(7) SHORT-TIME COMPENSATION PROGRAM.— 
The 
term 
‘short-time 
compensation 
program’ 
means— 
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‘‘(A) a short-time compensation program, 
as defined in section 3306(v) of the Internal 
Revenue Code of 1986, that is operational; or 
‘‘(B) a program determined by the Sec-
retary to be equivalent to a program described 
in subparagraph (A) that provides, in com-
parable amounts and with comparable restric-
tions to such a program, employees experi-
encing a temporary reduction in work hours 
with pro rata pay, unimpaired benefits, and 
supplemental income. 
‘‘(8) SITE
CLOSING.—The term ‘site closing’ 
means the permanent or temporary shutdown of a 
single site of employment, or one or more facilities 
or operating units within a single site of employ-
ment, that results in an employment loss at the sin-
gle site of employment during any 30-day period for 
5 or more employees, calculated in the same manner 
as described in paragraph (4)(B). 
‘‘(9) UNIT OF LOCAL GOVERNMENT.—The term 
‘unit of local government’ means any general pur-
pose political subdivision of a State which has the 
power to levy taxes and spend funds, as well as gen-
eral corporate and police powers. 
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‘‘(b) EXCLUSIONS FROM EMPLOYMENT LOSS DUE 
TO A SITE CLOSING OR MASS LAYOFF.—An employee 
shall not be considered to have experienced an employment 
loss due to a site closing or mass layoff if the site closing 
or mass layoff is the result of the relocation or consolida-
tion of part or all of the employer’s business and, prior 
to the site closing or mass layoff— 
‘‘(1) the employer offers to transfer the em-
ployee to a different site of employment within a 
reasonable commuting distance with no more than a 
90-day break in employment; or 
‘‘(2) the employer offers to transfer the em-
ployee to any other site of employment regardless of 
distance with no more than a 90-day break in em-
ployment, and the employee accepts within 30 days 
of the offer or of the site closing or mass layoff, 
whichever is later. 
‘‘SEC. 3. NOTICE REQUIRED BEFORE SITE CLOSINGS AND 
MASS LAYOFFS. 
‘‘(a) NOTICE TO EMPLOYEES, STATE DISLOCATED 
WORKER UNITS, AND LOCAL GOVERNMENTS.—An em-
ployer shall not order a site closing or mass layoff until 
90 calendar days after the date on which the employer 
has served written notice of such an order to— 
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‘‘(1)(A) each representative of the affected em-
ployees as of the time of the notice; or 
‘‘(B) each affected employee; 
‘‘(2) the Secretary and the Governor of the 
State where the site closing or mass layoff is to 
occur; and 
‘‘(3) the State or 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)). 
‘‘(b) DUTIES UPON RECEIPT OF NOTICE.—A State 
or designated entity that receives a notice under sub-
section (a)(3) shall— 
‘‘(1) make the information in the notice publicly 
available within the jurisdiction of the local govern-
ment involved; 
‘‘(2) transmit a copy of the notice to each af-
fected local area (as defined in section 3 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3102)), so that the information in the notice 
can be distributed through activities under section 
134(c)(2)(A)(iv)(I)(aa) of that Act (29 U.S.C. 
3174(c)(2)(A)(iv)(I)(aa)); and 
‘‘(3) ensure that— 
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‘‘(A) an appropriate labor-management 
committee described in section 3(51)(C) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3102(51)(C)) has been established or is 
established not later than 20 days after receipt 
of the notice; and 
‘‘(B) an individual is designated, by not 
later than 20 days after receipt of such notice, 
to coordinate rapid response activities described 
in section 134(a)(2)(A)(i) of such Act, in con-
sultation with the labor-management com-
mittee. 
‘‘(c) REDUCTION OF NOTIFICATION PERIOD.— 
‘‘(1) POTENTIAL NEW BUSINESS OR FINANC-
ING.—An employer may order the site closing of a 
single site of employment before the conclusion of 
the 90-day period described in subsection (a) if the 
employer can demonstrate that— 
‘‘(A) as of the date that notice would have 
been required, and continuing until it was pro-
vided, the employer was being offered, on ac-
ceptable terms, new business or financing in an 
amount which, if obtained, would have enabled 
the employer to avoid the site closing; and 
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‘‘(B) had notice been given as of such date, 
the notice would have precluded the new busi-
ness or financing. 
‘‘(2) UNFORESEEN CIRCUMSTANCES.— 
‘‘(A) NATURAL
DISASTERS.—The 90-day 
advance notice under subsection (a) shall not be 
required if the site closing or mass layoff is due 
directly to any form of natural disaster, such as 
a flood, earthquake, or a drought ravaging the 
farmlands of the United States. 
‘‘(B) TERRORIST
ATTACKS.—The 90-day 
advance notice under subsection (a) shall not be 
required if the site closing or mass layoff is due 
directly to a terrorist attack that affects the op-
eration of the site. 
‘‘(C) PUBLIC
HEALTH
EMERGENCIES.— 
The 90-day advance notice under subsection (a) 
shall not be required if the site closing or mass 
layoff is due directly to a catastrophic infectious 
disease outbreak or other public health emer-
gency that affects the operation of the site. 
‘‘(3) PROVISION OF NOTICE.— 
‘‘(A) POTENTIAL
NEW
BUSINESS
OR
FI-
NANCING.—An employer relying on paragraph 
(1) shall be liable under this Act for any por-
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‘‘(2) INITIAL
PERIOD
OF
TEMPORARY
MASS 
LAYOFF OR SITE CLOSING.—With respect to the pe-
riod of a temporary mass layoff or temporary site 
closing that has not been extended as described in 
paragraph (3), the employer shall— 
‘‘(A) at the commencement of such layoff 
or closing, provide a written notice as required 
under subsection (a) stating— 
‘‘(i) the date on which the employer 
expects to recall the affected employees to 
work, which date shall be less than 90 days 
after the date of such commencement; and 
‘‘(ii) that the employer will provide 
short-time compensation for the duration 
of such layoff or closing through a short- 
time compensation program; 
‘‘(B) as soon as practicable, provide short- 
time compensation through such program, 
which shall continue to be provided for the du-
ration of the temporary mass layoff or tem-
porary site closing; and 
‘‘(C) on or before the recall date stated 
under subparagraph (A)(i)— 
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‘‘(i) in good faith, recall the affected 
employees for at least 90 days of employ-
ment; 
‘‘(ii) extend the period of the tem-
porary mass layoff or temporary site clos-
ing in accordance with paragraph (3); or 
‘‘(iii) except as provided in paragraph 
(4)(C), terminate the affected employees 
with not less than 90 days’ notice. 
‘‘(3) EXTENSION
OF
PERIOD
OF
TEMPORARY 
MASS LAYOFF OR SITE CLOSING.—In the case the 
employer seeks to extend the period of a temporary 
mass layoff or temporary site closing beyond the re-
call date stated under paragraph (2)(A)(i) or a sub-
sequent recall date as provided under this para-
graph, the employer shall— 
‘‘(A) prior to the pending recall date, pro-
vide to each individual or entity described in 
subsection (a) a written notice of such exten-
sion, stating— 
‘‘(i) that the period of the temporary 
mass layoff or temporary site closing will 
be extended to a new recall date within 90 
days of the pending recall date; and 
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‘‘(ii) that the employer will continue 
providing short-time compensation as de-
scribed in paragraph (2)(A)(ii); 
‘‘(B) continue providing short-time com-
pensation as described in paragraph (2)(B); 
and 
‘‘(C) on or before such new recall date— 
‘‘(i) in good faith, recall the affected 
employees for at least 90 days of employ-
ment; 
‘‘(ii) further extend the period of the 
temporary mass layoff or temporary site 
closing in accordance with this paragraph; 
or 
‘‘(iii) except as provided in paragraph 
(4)(C), terminate the affected employees 
with not less than 90 days’ notice. 
‘‘(4) TEMPORARY MASS LAYOFFS OR SITE CLOS-
INGS RESULTING IN TERMINATIONS.— 
‘‘(A) IN GENERAL.—In the case the period 
of a temporary mass layoff or temporary site 
closing, including any extensions of such layoff 
or closing, culminates in the employer termi-
nating an affected employee with less than 90 
days’ notice in violation of paragraph (2)(C)(iii) 
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or paragraph (3)(C)(iii), the employer shall, ex-
cept as provided in subparagraph (C), be liable 
to such employee for back pay and benefits as 
described in section 5 for each day, for up to 
a maximum of 90 days, the employer did not 
provide notice and short-time compensation as 
required under this subsection. 
‘‘(B) NO
REDUCTIONS.—Notwithstanding 
section 5(a)(2), no amount for which an em-
ployer is liable under subparagraph (A) shall be 
reduced by any payment received by an em-
ployee for short-time compensation during the 
period of the violation. 
‘‘(C) EXCEPTIONS.—An employer may ter-
minate an affected employee under paragraph 
(2)(C)(iii) or (3)(C)(iii) with less than 90-days’ 
notice as described in such paragraph if the em-
ployer can demonstrate the existence of a cir-
cumstance described in paragraph (1) or (2) of 
subsection (c). The applicable requirements 
under paragraph (3) of such subsection shall 
apply with respect to any employer relying on 
such a circumstance in providing less than 90- 
days’ notice under paragraph (2)(C)(iii) or 
(3)(C)(iii). 
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‘‘(e) DETERMINATIONS WITH RESPECT TO EMPLOY-
MENT LOSS.— 
‘‘(1) MULTIPLE GROUPS.—For purposes of this 
section, in determining whether a site closing or 
mass layoff at a single site of employment has oc-
curred or will occur, employment losses for 2 or 
more groups at the single site of employment, each 
of which is less than the minimum number of em-
ployees specified in paragraph (4) or (8) of section 
2(a) but which in the aggregate exceed that min-
imum number, and which occur within any 90-day 
period, shall be considered to be a site closing or 
mass layoff unless the employer demonstrates that 
the employment losses are the result of separate and 
distinct actions and causes and are not an attempt 
by the employer to evade the requirements of this 
Act. 
‘‘(2) TREATMENT OF BUSINESS SALES.— 
‘‘(A) IN GENERAL.—In the case of a sale 
of part or all of an employer’s business, the 
seller shall be responsible for providing notice 
for any site closing or mass layoff in accordance 
with this section up to and including the effec-
tive date of the sale. After the effective date of 
the sale of part or all of an employer’s business, 
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the purchaser shall be responsible for providing 
notice for any site closing or mass layoff in ac-
cordance with this section. 
‘‘(B) TRANSFER OF EMPLOYEES.—In the 
case of a sale of part or all of an employer’s 
business, and notwithstanding any other provi-
sion of this Act, any person who is an employee 
of the seller as of the effective date of the sale 
shall be considered an employee of the pur-
chaser immediately after the effective date of 
the sale. 
‘‘(f) CONTENT OF NOTICES.—An employer who is re-
quired to provide notice as required under subsection (a) 
shall include— 
‘‘(1) in each notice required under such sub-
section— 
‘‘(A) a statement of the number of affected 
employees; 
‘‘(B) the reason for the site closing or 
mass layoff; 
‘‘(C) whether the layoff is permanent or 
temporary and, if temporary, the date on which 
the employer expects to recall the affected em-
ployees to work; 
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