5 shall be liable to each employee who suffers an
employment loss due to such closing or mass lay-
off—
(A) for damages equal to—
(i) the amount of any wages, salary,
employment benefits, or other compensa-
tion denied or lost to such employee by
reason of the violation;
(ii) the interest on the amount de-
scribed in clause (i) calculated at the pre-
vailing rate; and
(iii) an additional amount as liq-
uidated damages equal to the sum of the
amount described in clause (i) and the in-
terest described in clause (ii), except that
if the employer proves to the satisfaction
of the court that the act or omission which
violated section 5 was in good faith and
that the employer had reasonable grounds
for believing that the act or omission was
not a violation of such section, such court
may, in the discretion of the court, reduce
the amount of the liability to the amount
and interest determined under clauses (i)
and (ii), respectively;
(B) for damages equal to any actual mone-
tary loss sustained by the employee as a direct
result of the violation, such as the cost of pro-
viding health care; and
(C) for such equitable relief as may be ap-
propriate, including, employment, reinstate-
ment, and promotion.
(2) STANDING.—An action to recover the dam-
ages or equitable relief described in paragraph (1)
may be maintained against an employer in any Fed-
eral or State court of competent jurisdiction by any
1 or more employees who suffer an employment loss
due to the closing or mass layoff for and in behalf
of—
(A) such employees; or
(B) such employees and other employees
similarly situated under the provisions of Fed-
eral Rule of Civil Procedure 23.
(3) FEES AND COSTS.—The court in such an
action shall, in addition to any judgment awarded to
the plaintiff, allow a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs of the
action to be paid by the defendant.
(b) ACTION BY STATE AND UNIT OF LOCAL GOVERN-
MENT.—
(1) LIABILITY.—An employer who implements
a plant closing or mass layoff in violation of section
5 shall be liable to the State or unit of local govern-
ment in which the employer is located for damages
equal to the difference of—
(A) the location assistance provided to the
employer by the State or unit of local govern-
ment; and
(B) the amount of the benefit, if any,
which the State or unit of local government will
continue to receive as a result of the provision
of such assistance to the employer.
(2) STANDING.—An action to recover the dam-
ages described in paragraph (1) may be maintained
against any employer in any Federal or State court
of competent jurisdiction by the State or unit of
local government described in paragraph (1).
(3) FEES AND COSTS.—The court in such an
action shall, in addition to any judgment awarded to
the plaintiff, allow a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs of the
action to be paid by the defendant.
(c) ACTION BY THE SECRETARY.—
(1) ADMINISTRATIVE
ACTION.—The Secretary
shall receive, investigate, and attempt to resolve
complaints of violations of section 5 in the same
manner that the Secretary receives, investigates, and
attempts to resolve complaints of violations of sec-
tions 6 and 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206 and 207).
(2) CIVIL ACTION.—The Secretary may bring
an action in any court of competent jurisdiction to
recover 
the 
damages 
described 
in 
subsection
(a)(1)(A) on behalf of each employee who suffers an
employment loss due to a plant closing or mass lay-
off in violation of section 5.
(3) SUMS RECOVERED.—(A) Any sums recov-
ered by the Secretary on behalf of an employee
under paragraph (2) shall be held in a special de-
posit account and shall be paid, on order of the Sec-
retary, directly to such employee.
(B) Any such sums not paid to an employee be-
cause of inability to do so within a period of 3 years
from the date of recovery by the Secretary shall be
credited as an offsetting collection to the appropria-
tions account of the Secretary of Labor for expenses
for the administration of this title and shall remain
available to the Secretary until expended.
(d) LIMITATION.—
(1) IN GENERAL.—An action may be brought
under subsection (a), (b), or (c) not later than 3
years after the date of the last event constituting the
alleged violation for which the action is brought.
(2) COMMENCEMENT WITH RESPECT TO ACTION
BY SECRETARY.—In determining when an action is
commenced by the Secretary under subsection (c)
for purposes of paragraph (1), such action shall be
considered to be commenced on the date when the
complaint is filed.
(e) ACTION FOR INJUNCTION BY SECRETARY.—The
district courts of the United States shall have jurisdiction,
for cause shown, over an action brought by the Secretary
to restrain violations of section 5, including actions to re-
strain the withholding of payment of wages, salary, em-
ployment benefits, or other compensation, plus interest,
found by the court to be due to employees who suffer an
employment loss due to a plant closing or mass layoff in
violation of such section.
SEC. 11. PROCEDURES IN ADDITION TO OTHER RIGHTS OF
EMPLOYEES.
The rights and remedies provided to employees under
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 section 5(a) shall run concurrently with any pe-
riod of notification required by contract or by any other
law.
SEC. 12. REQUIREMENT OF POSTING OF NOTICE BY EM-
PLOYER AT SITE OF EMPLOYMENT.
(a) IN GENERAL.—Each employer shall post and
keep posted, in conspicuous places at the site of employ-
ment of the employer where notices to employees and ap-
plicants for employment 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 pertaining to the filing of a
charge.
(b) PENALTY.—Any employer that willfully violates
the requirements described in subsection (a) may be as-
sessed a civil money penalty not to exceed $100 for each
separate offense.
SEC. 13. EFFECTIVE DATE.
This Act shall take effect on the date which is 6
months after the date of the enactment of this Act.
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