I 
116TH CONGRESS 
2D SESSION 
H. R. 8977 
To require employers to provide training to employees whose jobs are in 
danger of being changed or replaced due to technology, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2020 
Mrs. DINGELL (for herself and Mr. DESAULNIER) introduced the following 
bill; which was referred to the Committee on Education and Labor, and 
in addition to the Committee on Ways and Means, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To require employers to provide training to employees whose 
jobs are in danger of being changed or replaced due 
to technology, 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 ‘‘Workers’ Right to 
Training Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) AFFECTED
EMPLOYEE.—The term ‘‘af-
fected employee’’ means an employee who may rea-
sonably be expected to experience a change in em-
ployment position or an employment loss as a con-
sequence of the use of technology by the employer of 
the employee. 
(2) CHANGE IN EMPLOYMENT POSITION.—The 
term ‘‘change in employment position’’ means a ma-
terial change— 
(A) in pay or benefits, working conditions, 
or schedule of an employee; or 
(B) that results in an unreasonable com-
mute for the employee. 
(3) COMMITTEE
OF
EMPLOYEES.—The term 
‘‘committee of employees’’ means a committee of 
nonsupervisory, nonmanagerial employees of an em-
ployer. 
(4) EMPLOYEE.—The term ‘‘employee’’ means 
any individual who provides labor or services for re-
muneration by an employer, unless the employer 
demonstrates that all of the following conditions are 
satisfied: 
(A) The individual is free from the control 
and direction of the hiring entity in connection 
with the performance of the work, both under 
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the contract for the performance of the work 
and in fact. 
(B) The individual performs work that is 
outside the usual course of the hiring entity’s 
business. 
(C) The individual is customarily engaged 
in an independently established trade, occupa-
tion, or business of the same nature as that in-
volved in the work performed. 
(5) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means any business enterprise, including the 
nominal employer and any entity that is a par-
ent of, or is integrated with, the business enter-
prise, that— 
(i) is engaged in interstate commerce 
or in the production of goods or services 
for interstate commerce; and 
(ii) employs not less than 25 employ-
ees, including part-time employees. 
(B) MULTIPLE EMPLOYERS.—Two or more 
business enterprises shall each be considered an 
employer with respect to an employee, if each 
such business enterprise codetermines or shares 
control over the employee’s essential terms and 
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conditions of employment. In determining 
whether multiple business enterprises are em-
ployers of an employee— 
(i) it shall be relevant to consider 
whether each enterprise has— 
(I) direct control and indirect 
control over the terms and conditions 
of the employee; 
(II) reserved authority to control 
such terms and conditions; and 
(III) control over such terms and 
conditions exercised by a person in 
fact; and 
(ii) the existence of indirect control or 
reserved authority alone by a business en-
terprise may be sufficient to establish the 
employer relationship, given specific facts 
and circumstances. 
(C) DEFINITIONS.—For the purposes of 
this paragraph: 
(i) INTEGRATED.—The term ‘‘inte-
grated’’, when used with respect to a busi-
ness enterprise, means a business enter-
prise whose relationship with another busi-
ness enterprise includes— 
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(I) common ownership; 
(II) common directors or officers; 
(III) de facto exercise of control; 
(IV) unity of personnel policies 
emanating from a common source; or 
(V) dependency of operations. 
(ii) PARENT.—The term ‘‘parent’’ 
means a business enterprise that partici-
pates directly or indirectly in making deci-
sions that affect employees of another 
business enterprise. 
(6) EMPLOYMENT LOSS.—The term ‘‘employ-
ment loss’’ means— 
(A) an employment termination, other than 
a discharge for cause, voluntary departure, or 
retirement; or 
(B) a reduction in hours of work of more 
than 50 percent during each month of any 6- 
month period. 
(7) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(8) RECOGNIZED
POSTSECONDARY
CREDEN-
TIAL.—The term ‘‘recognized postsecondary creden-
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tial’’ has the meaning given the term in section 3 of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3102). 
(9) REGISTERED APPRENTICESHIP.—The term 
‘‘registered apprenticeship’’ means an apprenticeship 
registered under the Act of August 16, 1937 (com-
monly known as the ‘‘National Apprenticeship Act’’; 
50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). 
(10) REPRESENTATIVE.—The term ‘‘represent-
ative’’ means an exclusive representative of employ-
ees within the meaning of section 9(a) or 8(f) of the 
National Labor Relations Act (29 U.S.C. 159(a), 
158(f)) or section 2 of the Railway Labor Act (45 
U.S.C. 152). 
(11) TECHNOLOGY.— 
(A) IN GENERAL.—The term ‘‘technology’’ 
means a computerized process used to create 
value at a business enterprise, including auto-
mation, artificial intelligence, robotics, personal 
computing, information technology, and e-com-
merce. 
(B) REGULATIONS.—The Secretary of 
Labor, in consultation with the Secretary of 
Commerce, shall promulgate regulations further 
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defining the term ‘‘technology’’ for purposes of 
this Act. 
SEC. 3. BARGAINING AND NOTICE REQUIRED BEFORE USE 
OF EMPLOYMENT-CHANGING OR EMPLOY-
MENT-ELIMINATING TECHNOLOGY. 
(a) BARGAINING WITH EMPLOYEES BEFORE USE OF 
EMPLOYMENT-CHANGING OR EMPLOYMENT-ELIMINATING 
TECHNOLOGY.— 
(1) IN GENERAL.—Not later than 180 days be-
fore providing any notices under subsection (b), an 
employer that intends to use technology that will re-
sult in a change in employment position or an em-
ployment loss to any employees of the employer shall 
engage in bargaining with such employees through 
their chosen representative in order to ensure the 
technology is procured and implemented in a way 
that incorporates the skills and roles of the employ-
ees of the employer. 
(2) CHOSEN REPRESENTATIVES.—An employer 
shall carry out the bargaining required under para-
graph (1) with— 
(A) in the case of affected employees who 
are represented by a labor organization for pur-
poses of collective bargaining, a representative 
from the labor organization; or 
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(B) in the case of affected employees who 
are not represented by a labor organization for 
purposes of collective bargaining, with a com-
mittee of employees who are elected by their 
peers for purposes of the bargaining. 
(3) MEDIATION UPON FAILURE TO AGREE.— 
(A) REQUEST.—If an employer and the 
chosen representative of employees are unable 
to obtain an agreement under paragraph (1) by 
180 days after the commencement of the bar-
gaining, the parties shall notify the Federal Me-
diation and Conciliation Service of the failure to 
reach agreement and request mediation. 
(B) ROLE OF SERVICE.—The Federal Me-
diation and Conciliation Service shall, upon re-
ceiving a request under subparagraph (A), 
promptly communicate with the parties and 
work to bring the parties to agreement through 
mediation and conciliation. 
(4) INTERACTION WITH NLRA.—A committee of 
employees constituted for purposes of this subsection 
shall not be found to constitute a labor organization, 
as defined in section 2 of the National Labor Rela-
tions Act (29 U.S.C. 152). 
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(b) NOTICE TO EMPLOYEES FOR CHANGE IN EM-
PLOYMENT POSITIONS.— 
(1) IN GENERAL.—An employer that intends to 
use technology that will result in a change in em-
ployment position for one or more employees of the 
employer shall, not later than 180 days before any 
such change in employment position, provide written 
notice signed by the employer’s authorized rep-
resentative— 
(A) of the technology, including a descrip-
tion of the technology, and the impact of the 
technology on employment positions, including 
which employment positions will be impacted 
and whether any new positions will be created; 
and 
(B) regarding the required training that 
the employer will provide under section 4. 
(2) PROVISION OF NOTICE.—The written notice 
under paragraph (1) shall be— 
(A) provided to each chosen representative 
of the affected employees, as of the date of the 
notice, and to each affected employee; 
(B) distributed electronically if the em-
ployer customarily communicates with its em-
ployees through electronic communications; and 
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(C) posted publicly in conspicuous loca-
tions in the workplace, including all places 
where notices to employees are commonly post-
ed by the employer. 
(c) NOTICE TO EMPLOYEES SUBJECT TO AN EM-
PLOYMENT LOSS.—An employer that intends to use tech-
nology that will cause an employment loss for one or more 
employees of the employer shall, not later than 270 days 
before any such employment loss, provide and post written 
notice that includes the information described in sub-
section (b)(1), in the same manner as described in sub-
section (b)(2). 
SEC. 4. REQUIRED TRAINING AND BENEFITS. 
(a) CHANGES IN EMPLOYMENT POSITION.— 
(1) IN GENERAL.—An employer who is required 
under section 3(b) to provide notice of technology 
that will result in a change in employment position 
and require different skills due to the use of tech-
nology for one or more employees shall, beginning 
not later than 180 days before changing employee 
positions due to technology, provide on-the-job train-
ing described in paragraph (2) to each affected em-
ployee who will be impacted by the technology. 
(2) TYPE OF TRAINING.—The training provided 
under paragraph (1) shall— 
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(A) be training that prepares the employee 
to be able to fulfill the new duties of the posi-
tion, without regard to the length of time the 
training will take; and 
(B) be supplemented, as necessary, by em-
ployer-paid training— 
(i) through a registered apprentice-
ship program; 
(ii) that leads to a recognized postsec-
ondary credential (which may be an indus-
try-recognized credential) offered by an in-
stitution of higher education; or 
(iii) that leads to an industry-recog-
nized credential offered by a nonprofit or-
ganization that is an eligible provider 
under section 122(d) of the Workforce In-
novation and Opportunity Act (29 U.S.C. 
3152(d)). 
(b) EMPLOYMENT LOSS.— 
(1) PRIORITY
AND
TRAINING.—An employer 
who is required under section 3(c) to provide notice 
of technology that will result in employment loss for 
one or more employees of the employer shall— 
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(A) give hiring priority to affected employ-
ees for any new or open positions of the em-
ployer for 1 year after the date of the notice; 
(B) beginning not later than 180 days be-
fore the employment loss, provide job training 
described in paragraph (2) for not less than 1 
year to prepare the employee for— 
(i) another position with the employer 
that provides wages comparable to the em-
ployee’s original position; or 
(ii) an occupation that provides wages 
comparable to the employee’s original posi-
tion with a different employer; and 
(C) on the day that the employee experi-
ences the employment loss, provide the affected 
employee with 6 months of severance pay, in a 
total amount equal to 6 months of the employ-
ee’s wages in the employee’s prior position. 
(2) TYPE OF TRAINING.— 
(A) IN GENERAL.—The training provided 
under paragraph (1) (except for training de-
scribed in paragraph (1)(B)(ii)) shall be train-
ing that is— 
(i) chosen by the employee; and 
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(ii) provided at the worksite or supple-
mented as necessary by employer-paid 
training— 
(I) through a registered appren-
ticeship program; or 
(II) that leads to a recognized 
postsecondary credential offered by an 
institution of higher education. 
(B) OFFSITE TRAINING RULES.—If train-
ing required under subparagraph (A) is supple-
mented by offsite training, then the employer 
shall permit the employee to participate in that 
training during work hours, as long as the em-
ployee works a minimum of 15 hours a week. 
(C) TRAINING FOR A NEW OCCUPATION.— 
In the case of an employer who chooses to pro-
vide training under paragraph (1)(B)(ii) to an 
affected employee, the employer shall provide 
the employee with a voucher of $8,000 that the 
employee may use at any eligible provider of 
training services under section 122 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3152). 
(c) BASIC SKILLS TRAINING.— 
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(1) IN GENERAL.—If an employee subject to a 
change in employment position or employment loss 
would need, in addition to job training for a new po-
sition, additional basic skills (such as a high school 
diploma or its equivalent) to meet the requirements 
for the new employment position, the employer of 
the employee shall provide the employee with 180 
days of training to assist the employee in gaining 
the minimum basic skills necessary. 
(2) INTERACTION
WITH
OTHER
TRAINING.— 
Basic skills training provided to an employee under 
this subsection, and the 180-day period for its provi-
sion, shall be in addition to any other training to 
which the employee has a right under this Act. 
(3) LOCATION OF TRAINING.—The basic skills 
training provided under paragraph (1) may be pro-
vided through an on-site or off-site basic skills pro-
gram. 
(d) NO REDUCTION IN PAY.—An employer shall pro-
vide any training required under subsection (a), (b), or 
(c) during the affected employee’s work hours and shall 
not reduce an employee’s pay or benefits while the em-
ployee is receiving training. 
(e) SOCIAL
SECURITY
ADMINISTRATION
DOCU-
MENTATION.—An employer that provides an affected em-
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ployee with any compensation under this section shall sub-
mit documentation to the Social Security Administration 
to ensure that any compensation distributed to employees 
under this Act is allocated to the appropriate calendar 
year. 
SEC. 5. PROTECTIONS FOR EMPLOYEES. 
No employer shall discharge or in any manner dis-
criminate against any employee of the employer with re-
spect to the employee’s compensation, terms, conditions, 
or other privileges of employment because— 
(1) the employee has received training or sever-
ance pay under this Act; or 
(2) the employee (or an individual acting at the 
request of the employee) has— 
(A) requested new employment for the em-
ployee with the employer under this Act; or 
(B) otherwise asserted or sought to enforce 
the employee’s rights under this Act. 
SEC. 6. ADMINISTRATION AND ENFORCEMENT OF RE-
QUIREMENTS. 
(a) CIVIL ACTIONS AGAINST EMPLOYERS.— 
(1) VIOLATIONS OF NOTICE, PAY, AND TRAIN-
ING REQUIREMENTS.— 
(A) IN GENERAL.—An affected employee 
aggrieved of a violation of section 3, 4, or 5 by 
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an employer, or the chosen representative of 
such affected employee, may bring a civil action 
in accordance with this subsection. 
(B) REMEDIES.—A court shall award an 
affected employee who prevails in a civil action 
brought under subparagraph (A)— 
(i) subject to subparagraphs (C) and 
(D)— 
(I) any back pay or unpaid wages 
due to the employee because of the 
violation, at a rate of compensation 
not less than the higher of— 
(aa) the average regular rate 
received by such employee during 
the last year of the employee’s 
employment before the violation; 
or 
(bb) the final regular rate 
received by such employee before 
the violation; 
(II) the cost of any benefits lost 
under an employee benefit plan de-
scribed in section 3(3) of the Em-
ployee Retirement Income Security 
Act of 1974 (29 U.S.C. 1002(3)) due 
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to the violation, including the cost of 
medical expenses incurred during an 
employment loss that would have been 
covered under an employee benefit 
plan if the violation had not occurred; 
and 
(III) any amounts due the em-
ployee under section 4(b)(1)(C); 
(ii) any such amounts as appropriate 
to remedy any violation of this Act, includ-
ing any punitive and consequential eco-
nomic damages, that the court determines 
appropriate; and 
(iii) any equitable relief, including in-
junctive relief, the court determines nec-
essary to remedy the violation of this Act, 
which, for a violation of section 5, may in-
clude employment, reinstatement, pro-
motion, or any other appropriate relief. 
(C) PERIOD.—The amount of damages 
under subparagraph (B)(i) shall be calculated 
for the period of the violation, up to a max-
imum of 60 days, but in no event for more than 
one-half the number of days the employee was 
employed by the employer. 
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(D) 
REDUCTIONS
IN
LIABILITY.—The 
amount of damages— 
(i) under subparagraph (B)(i)(I) shall 
be reduced by— 
(I) any wages paid by the em-
ployer to the employee for the period 
of the violation; 
(II) any voluntary and uncondi-
tional payment by the employer to the 
employee that is not required by any 
legal obligation; and 
(III) any payment by the em-
ployer to a third party or trustee 
(such as premiums for health benefits 
or payments to a defined contribution 
pension plan) on behalf of and attrib-
utable to the employee for the period 
of the violation; and 
(ii) under subparagraph (B)(i)(II) 
may be reduced by crediting the employee 
with service for all purposes under a de-
fined benefit pensions plan for the period 
of the violation. 
(2) VENUE.—An employee or a representative 
of an employee may bring a civil action under para-
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graph (1) on behalf of the employee, other similarly 
situated employees, or both, in— 
(A) the judicial district in which the em-
ployer has its principal office; or 
(B) a judicial district in which— 
(i)(I) the violation is alleged to have 
occurred; 
(II) the employment records relevant 
to such practice are maintained and ad-
ministered; or 
(III) the aggrieved individual would 
have worked but for the alleged unlawful 
employment practice; and 
(ii) the employer is found. 
(3) ATTORNEY’S FEES.—The court shall award 
an attorney’s fee (including expert fees) that the 
court determines reasonable as part of the costs to 
a prevailing party in a civil action under paragraph 
(1). 
(4) LIMITATION ON PRIVATE ACTION WHILE AC-
TION OF SECRETARY IS PENDING.—If the Secretary 
or the attorney general of a State has instituted an 
enforcement action under subsection (b), an indi-
vidual employee may not bring an action under this 
subsection during the pendency of the proceeding 
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against any person with respect to whom the Sec-
retary has instituted the proceeding. 
(b) ENFORCEMENT ACTIONS.— 
(1) ACTIONS BY THE SECRETARY.— 
(A) CIVIL ACTIONS.—The Secretary may 
bring an action in any court of competent juris-
diction to recover on behalf of an employee rem-
edies described in subsection (a)(1). 
(B) SUMS RECOVERED.—Any sums recov-
ered by the Secretary on behalf of an employee 
under subsection (a)(1) shall be held in a spe-
cial deposit account and shall be paid, on order 
of the Secretary, directly to each employee af-
fected. Any such sums not paid to an employee 
because of inability to do so within a period of 
3 years shall be credited as an offsetting collec-
tion to the appropriations account of the Sec-
retary for expenses for the administration of 
this Act and shall remain available to the Sec-
retary until expended. 
(C) ACTION TO COMPEL RELIEF BY SEC-
RETARY.—The district courts of the United 
States shall have jurisdiction, for cause shown, 
over an action brought by the Secretary to re-
strain the withholding of payment of back pay, 
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benefits, or other compensation, plus interest, 
found by the court to be due to employees 
under this Act. 
(2) STATE
ENFORCEMENT.—In any case in 
which the attorney general of a State has reason to 
believe that an interest of employees of that State 
has been or is threatened or adversely affected by a 
violation of this Act, the attorney general of the 
State may, as parens patriae, bring a civil action on 
behalf of the employees of the State in an appro-
priate State court or district court of the United 
States to obtain any relief described in paragraph 
(1)(A) on behalf of residents in the State. Any sums 
recovered by the State shall be administered by the 
attorney general of the State in the same manner as 
described in paragraph (1)(B). 
(c) CIVIL FINES.— 
(1) IN GENERAL.—Any employer who violates 
the provisions of section 3, 4, or 5 shall be subject 
to a civil fine, assessed by the Secretary of Labor, 
of not more than $5,000 for each employee and for 
each day of such violation. 
(2) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed to preclude an em-
ployee of an employer assessed a civil fine under 
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such paragraph from bringing a civil action against 
the employer under subsection (a). 
(3) GOOD FAITH.—If an employer that has vio-
lated this Act proves to the satisfaction of the court 
that the act or omission that violated this Act was 
in good faith and that the employer had reasonable 
grounds for believing that the act or omission was 
not a violation of this Act, the court may, in its dis-
cretion, reduce the civil fine under this subsection. 
SEC. 7. RULES REGARDING RIGHTS AND REMEDIES. 
(a) RIGHTS AND REMEDIES NOT SUBJECT TO WAIV-
ER.— 
(1) IN
GENERAL.—The rights and remedies 
provided under this Act (including the right to main-
tain a civil action) may not be waived, deferred, or 
lost pursuant to any agreement or settlement other 
than an agreement or settlement described in para-
graph (2). 
(2) AGREEMENT OR SETTLEMENT.—An agree-
ment or settlement referred to in paragraph (1) is 
an agreement or settlement negotiated by the Sec-
retary, an attorney general of any State, a private 
attorney on behalf of affected employees, or a des-
ignated representative of affected employees under 
the National Labor Relations Act (29 U.S.C. 151 et 
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seq.) or the Railway Labor Act (45 U.S.C. 151 et 
seq.). 
(b) INTERACTION WITH OTHER RIGHTS AND REM-
EDIES.—The rights and remedies provided to employees 
by this Act are in addition to, and not in lieu of, any other 
contractual or statutory rights and remedies of the em-
ployees, and are not intended to alter or affect such rights 
and remedies, except that the period of notification re-
quired by this Act shall run concurrently with any period 
of notification required by contract or by any other stat-
ute. 
(c) EFFECT ON OTHER LAWS.—The giving of notice 
pursuant to this Act, if done in good faith compliance with 
this Act, shall not constitute a violation of the National 
Labor Relations Act (29 U.S.C. 151 et seq.) or the Rail-
way Labor Act (45 U.S.C. 151 et seq.). 
SEC. 8. LIMITED REGULATORY AUTHORITY. 
(a) IN GENERAL.—Except as provided in section 
2(11)(B), the Secretary of Labor shall not have authority 
to promulgate regulations to carry out this Act. The Sec-
retary of Labor may provide guidance that describes— 
(1) the methods by which employers may pro-
vide for appropriate service of notice of bargaining 
period under section 3(a) and notice of change in 
employment position or loss of employment under 
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subsection (b) or (c) of section 3 to employees and 
to representatives of employees; 
(2) how an employer may comply with the re-
quirement to publicly post such notice under sub-
sections (b) and (c) of section 3; and 
(3) what constitutes good faith under section 
6(c)(3) for employers. 
(b) METHODS OF NOTICE TO AFFECTED EMPLOY-
EES.—The mailing of notice to an employee’s last known 
address or inclusion of notice in the employee’s paycheck 
will be considered acceptable methods for fulfillment of the 
employer’s obligation to give notice to each affected em-
ployee under subsections (b)(2)(A) and (c) of section 3. 
SEC. 9. EXEMPTION OF CERTAIN PAYMENTS RELATED TO 
EMPLOYMENT LOSS FROM GROSS INCOME. 
(a) IN GENERAL.—Part III of subchapter B of chap-
ter 1 of the Internal Revenue Code of 1986 is amended 
by inserting after section 103 the following new section: 
‘‘SEC. 103A. CERTAIN PAYMENTS RELATED TO EMPLOY-
MENT LOSS. 
‘‘(a) IN GENERAL.—In the case of an employee who 
has experienced an employment loss, gross income shall 
not include any of the following amounts related to such 
employment loss: 
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‘‘(1) Any severance pay provided pursuant to 
section 4(b)(1)(C) of the Workers’ Right to Training 
Act. 
‘‘(2) Any amount received as a voucher for 
training services pursuant to section 4(b)(2)(C) of 
such Act. 
‘‘(3) Any back pay awarded by court pursuant 
to section 6(a)(1)(B)(i)(I) of such Act. 
‘‘(b) DEFINITIONS.—The terms ‘employee’, ‘em-
ployer’, and ‘employment loss’ have the same meaning 
given such terms under section 2 of the Workers’ Right 
to Training Act.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for part III of subchapter B of chapter 1 of the In-
ternal Revenue Code of 1986 is amended by inserting 
after the item related to section 103 the following new 
item: 
‘‘Sec. 103A. Certain payments related to employment loss.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2019. 
Æ 
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