Fair Warning Act of 2022
Bill: S.4429 | Sponsor: Sen. Brown, Sherrod (D-OH)
Policy area: Labor and Employment

Summary:
Fair Warning Act of 2022
This bill bars an employer from ordering a site closing or mass layoff until 90 calendar days after the employer has served written notice of such an order to (1) each representative of the affected employees as of the time of the notice or each affected employee, (2) the Department of Labor 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.

To amend the Worker Adjustment and Retraining Notification Act to 
 support workers who are subject to an employment loss, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives 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 CLOSINGS 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 `affected employee' 
        means a full-time or part-time employee 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 
        employer.
            ``(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 
                        aggregate; 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 entity, 
                        the entity subject to the requirements under 
                        this Act as an employer of an affected employee 
                        shall be the entity that directly employs such 
                        employee.
                            ``(ii) Parents, affiliates, and contracting 
                        companies.--A parent, affiliate, 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 described in such clause based on the 
                        degree of control or integration the parent, 
                        affiliate, or contracting company exercises 
                        outside of or at the single site of employment 
                        at which the site closing or mass layoff 
                        occurred. Such control or integration shall be 
                        indicated by such factors as--
                                    ``(I) common ownership or financial 
                                control;
                                    ``(II) common directors or 
                                officers;
                                    ``(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 purposes 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 affect 
                        the provision of notice required under this 
                        Act; and
                            ``(ii) the term `parent' means an ultimate 
                        owner or intermediate owner, regardless 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 liability 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 subsection (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 compensation program provided 
                in the case of such a temporary mass layoff or 
                temporary site closing.
            ``(4) Mass layoff.--
                    ``(A) In general.--The term `mass layoff' 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 employees at a 
                single site who suffer 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 remotely 
                        and--
                                    ``(I) are assigned to or otherwise 
                                associated with the site;
                                    ``(II) receive assignments or 
                                training from the site;
                                    ``(III) report to a manager 
                                associated with the site; or
                                    ``(IV) whose job loss was a 
                                foreseeable consequence of a reduction 
                                in force at the site.
            ``(5) Representative.--The term `representative' means an 
        exclusive representative of employees within the meaning of 
        section 8(f) or 9(a) of the National 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--
                    ``(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 Secretary to be 
                equivalent to a program described in subparagraph (A) 
                that provides, in comparable amounts and with 
                comparable restrictions to such a program, employees 
                experiencing 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 employment, that results in an employment loss at the 
        single 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 purpose political subdivision of 
        a State which has the power to levy taxes and spend funds, as 
        well as general 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 consolidation 
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 employee 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 employee to any 
        other site of employment regardless of distance with no more 
        than a 90-day break in employment, 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 employer 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--
            ``(1)(A) each representative of the affected employees 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 Opportunity 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 subsection (a)(3) shall--
            ``(1) make the information in the notice publicly available 
        within the jurisdiction of the local government involved;
            ``(2) transmit a copy of the notice to each affected 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--
                    ``(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 consultation 
                with the labor-management committee.
    ``(c) Reduction of Notification Period.--
            ``(1) Potential new business or financing.--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 provided, the 
                employer was being offered, on acceptable 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 business 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 operation 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 emergency that affects the 
                operation of the site.
            ``(3) Provision of notice.--
                    ``(A) Potential new business or financing.--An 
                employer relying on paragraph (1) shall be liable under 
                this Act for any portion of the 90-day period described 
                in subsection (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 relying 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 subsection (a).
    ``(d) Temporary Mass Layoff or Site Closing.--
            ``(1) In general.--A layoff through a temporary 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 
        employer complies with the requirements under paragraphs (2) 
        and (3).
            ``(2) Initial period of temporary mass layoff or site 
        closing.--With respect to the period 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 duration of the temporary mass 
                layoff or temporary site closing; and
                    ``(C) on or before the recall date stated under 
                subparagraph (A)(i)--
                            ``(i) in good faith, recall the affected 
                        employees for at least 90 days of employment;
                            ``(ii) extend the period of the temporary 
                        mass layoff or temporary site closing 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 
        recall date stated under paragraph (2)(A)(i) or a subsequent 
        recall date as provided under this paragraph, the employer 
        shall--
                    ``(A) prior to the pending recall date, provide to 
                each individual or entity described in subsection (a) a 
                written notice of such extension, 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
                            ``(ii) that the employer will continue 
                        providing short-time compensation as described 
                        in paragraph (2)(A)(ii);
                    ``(B) continue providing short-time compensation 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 employment;
                            ``(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 closings 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 terminating an affected 
                employee with less than 90 days' notice in violation of 
                paragraph (2)(C)(iii) or paragraph (3)(C)(iii), the 
                employer shall, except 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 employer is liable 
                under subparagraph (A) shall be reduced by any payment 
                received by an employee for short-time compensation 
                during the period of the violation.
                    ``(C) Exceptions.--An employer may terminate 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 employer can demonstrate the 
                existence of a circumstance 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).
    ``(e) Determinations With Respect to Employment 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 occurred 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 employees 
        specified in paragraph (4) or (8) of section 2(a) but which in 
        the aggregate exceed that minimum 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 effective date of the sale. After the 
                effective date of the sale of part or all of an 
                employer's business, the purchaser shall be responsible 
                for providing notice for any site closing or mass 
                layoff in accordance 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 provision 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 purchaser immediately after the 
                effective date of the sale.
    ``(f) Content of Notices.--An employer who is required to provide 
notice as required under subsection (a) shall include--
            ``(1) in each notice required under such subsection--
                    ``(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 employees to work;
                    ``(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 employee benefits; 
                and
                    ``(F) a statement of the available employment and 
                training services provided by the Department of Labor; 
                and
            ``(2) in each notice required under such subsection (except 
        for paragraph (1)(B) of such subsection), 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 
employees with information regarding the benefits and services 
available to such employees, as described in the guide compiled by the 
Secretary under section 13.
    ``(h) Access of Rapid Response Teams.--An employer who is required 
to provide notice under subsection (a) shall permit, during work hours, 
reasonable on-site access 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)) responsible for providing 
reemployment, training services, and related services to affected 
employees.
    ``(i) DOL Notice to Congress.--As soon as practicable and not later 
than 15 days after receiving notice under subsection (a)(2), the 
Secretary of Labor shall notify the appropriate Senators and Members of 
the House of Representatives 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 database established under section 
5(e), of the Worker Adjustment and Retraining Notification Act (29 
U.S.C. 2102(a); 2104(e))''.

SEC. 3. EXEMPTIONS.

    Section 4 of the Worker Adjustment and Retraining Notification Act 
(29 U.S.C. 2103) is amended to read as follows:

``SEC. 4. EXEMPTIONS.

    ``This Act shall not apply to a site closing or mass layoff if the 
closing is of a temporary facility or the closing or layoff is the 
result of the completion of a particular project or undertaking, and 
the affected employees were hired with the understanding that their 
employment was limited to the duration of the facility or the project 
or undertaking.''.

SEC. 4. ADMINISTRATION AND ENFORCEMENT OF REQUIREMENTS.

    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 subparagraph 
                        (A), by striking ``plant'' and inserting 
                        ``site'';
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``each day'' and 
                                inserting ``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 
                        subparagraph (C) (as added by clause (iv)), by 
                        striking ``60 days'' and inserting ``90 days'';
                    (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 
                        violated such provisions'';
                            (iii) by striking ``violation of this Act'' 
                        and inserting ``violation of such provisions''; 
                        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 inserting the 
                following:
            ``(5) A person (including a representative of employees, 
        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 aggrieved 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, bring suit in any district court of the 
        United States for any district in which the violation is 
        alleged to have occurred or in which the employer transacts 
        business.'';
                    (F) in paragraph (6), by striking ``prevailing 
                party'' and inserting ``prevailing plaintiff''; and
                    (G) in paragraph (7), by striking ``plant'' and 
                inserting ``site'';
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following:
    ``(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 subsection if the alleged site closing or 
mass layoff is caused by business circumstances (other than a 
financier's decision) 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 provides information from 
        notices transmitted under paragraph (1).
            ``(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 employees so affected, the sector in 
                which the layoff occurred (as identified by the North 
                American 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 Secretary 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:

``SEC. 11. POSTING OF NOTICES.

    ``(a) Posting of Notices.--Each employer shall post and keep 
posted, in conspicuous places upon its premises 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; INFORMATION 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 WAIVER.

    ``(a) In General.--The rights and remedies provided under this Act 
(including the right to file or participate 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 settlement described 
in subsection (b).
    ``(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 employees 
        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 SERVICES 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 
continuation 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 maintained under subsection 
(a) shall be available on the internet 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.
    ``(c) Transmission to Employers.--Upon receiving 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 Notification 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 Code'' and inserting ``paragraphs (2) and 
(3) of section 2(a) of the Worker Adjustment and Retraining 
Notification Act (29 U.S.C. 2101(a)), as in effect on the day before 
the date of enactment of the Fair Warning Act of 2022''.
                                 <all>