I 
119TH CONGRESS 
1ST SESSION H. R. 5761 
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 
OCTOBER 14, 2025 
Mrs. SYKES (for herself, Ms. BUDZINSKI, and Mrs. DINGELL) introduced the 
following bill; which was referred to the Committee on Education and 
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 
2025’’. 
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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-
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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; 
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‘‘(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. 
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‘‘(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. 
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‘‘(B) CALCULATION.—The number of em-
ployees at a single site of employment who suf-
fer an employment loss shall be calculated in a 
manner that includes— 
‘‘(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. 
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‘‘(7) SHORT-TIME COMPENSATION PROGRAM.— 
The 
term 
‘short-time 
compensation 
program’ 
means— 
‘‘(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 
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power to levy taxes and spend funds, as well as gen-
eral corporate and police powers. 
‘‘(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.—Except as 
provided in subsection (c), an employer shall not order a 
site closing or mass layoff until 90 calendar days after 
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the date on which the employer has served written notice 
of such an order to— 
‘‘(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; 
‘‘(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)); and 
‘‘(4) the chief elected official of the unit of local 
government within which such closing or layoff is to 
occur. 
‘‘(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 
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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— 
‘‘(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-
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ceptable terms, new business or financing in an 
amount which, if obtained, would have enabled 
the employer to avoid the site closing; and 
‘‘(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.— 
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‘‘(A) POTENTIAL
NEW
BUSINESS
OR
FI-
NANCING.—An employer relying on paragraph 
(1) shall be liable under this Act for any por-
tion of the 90-day period described in sub-
section (a) prior to the provision of notice in 
which it is unable to meet the requirements of 
such paragraph. 
‘‘(B) OTHER REQUIREMENTS.— 
‘‘(i) IN GENERAL.—An employer rely-
ing on paragraph (1) or (2) shall give as 
much notice as is practicable and at that 
time shall give a brief statement of the 
basis for reducing the notification period. 
‘‘(ii) LIABILITY.—An employer that 
fails to satisfy the requirements under 
clause (i) shall be liable under this Act for 
the full 90-day period described in sub-
section (a). 
‘‘(d) TEMPORARY MASS LAYOFF
OR SITE CLOS-
ING.— 
‘‘(1) IN GENERAL.—A layoff through a tem-
porary mass layoff or temporary site closing shall be 
treated as an employment loss under this Act as of 
the date of the commencement of the temporary 
mass layoff or temporary site closing unless the em-
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ployer complies with the requirements under para-
graphs (2) and (3). 
‘‘(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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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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‘‘(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 shall notify the ap-
propriate Senators and Members of the House of Rep-
resentatives 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. EXEMPTION. 
Section 4 of the Worker Adjustment and Retraining 
Notification Act (29 U.S.C. 2103) is amended to read as 
follows: 
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‘‘SEC. 4. EXEMPTION. 
‘‘This Act shall not apply to a site closing or mass 
layoff if the closing or layoff is the result of the completion 
of a particular project or undertaking for which— 
‘‘(1) the completion point of the project or un-
dertaking was— 
‘‘(A) ascertainable; and 
‘‘(B) when an affected employee was hired, 
described to and acknowledged by the employee, 
in writing, as limiting the duration of the em-
ployment; and 
‘‘(2) the approach of the completion point was 
reasonably obvious, without any notice other than 
under paragraph (1)(B), to any affected employee 
not less than 60 days before the occurrence of the 
completion point.’’. 
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)— 
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(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: 
‘‘(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 ‘‘a maximum’’ through ‘‘event’’ 
and inserting ‘‘90 days, plus a day for 
each day that an employee is on parental, 
family, or medical leave during the period 
of violation and for each day that an em-
ployee has such leave curtailed due to such 
employment loss. In no event shall an em-
ployer be liable’’; 
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(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 
(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: 
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‘‘(5)(A) A person (including a representative of em-
ployees, 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 Opportunity Act (29 
U.S.C. 3174(a)(2)(A)), or a unit of local government ag-
grieved 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 dis-
trict 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 sub-
paragraph (A) shall not be affected by any predispute 
agreement, including any predispute arbitration agree-
ment 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’’; 
(2) by redesignating subsection (b) as sub-
section (c); 
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(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-
vides information from notices transmitted under 
paragraph (1). 
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‘‘(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 
2025’’. 
Æ 
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