Early Warning and Health Care for Workers Affected by Globalization Act

Bill: 110-hr-3796
Sponsor: Rep. Miller, George [D-CA-7]
Introduced: 2007-10-10 in the House
Policy area: Labor and Employment
Subjects: Civil actions and liability
Congressional reporting requirements
Damages
Employee health benefits
Employee rights
Employers' liability
Finance and Financial Sector
Fines (Penalties)
Foreign Trade and International Finance
Government Operations and Politics
Government paperwork
Government publications
Governmental investigations
Grievance procedures
Health
Health insurance continuation
Interest
Law
Layoffs
Plant shutdowns
Signs and signboards
Trade adjustment assistance
Unemployment insurance
Wage restitution

Summary:
action_date: 2007-10-10
text: 
Early Warning and Health Care for Workers Affected by Globalization Act - Amends the Worker Adjustment and Retraining Notification Act (the Act) to redefine the terms &quot;employer,&quot; &quot;plant closing,&quot; and &quot;mass layoff&quot; for purposes of the Act.
 
Requires an employer to: (1) give 90-day written notice (under current law, 60-day) to employees and appropriate state and local governments before ordering a plant closing or mass layoff; (2) notify the Secretary of Labor of such closing or layoff; and (3) provide affected employees with information regarding benefits and services available to them, including unemployment compensation, trade adjustment assistance, COBRA benefits, and certain other services.
 
Requires the Secretary to notify the appropriate U.S. Senators and Members of the House of Representatives who represent the area where such closing or mass layoff is to occur.
 
Makes an employer who violates such notice requirements liable to the employee for, among other things, interest on back pay due the affected employee and an additional amount as liquidated damages for each day of the violation for up to 90 days (under current law, 60 days).
 
Authorizes an affected employee to file a complaint with the Secretary alleging a violation of the notice requirements. Requires the Secretary to investigate and attempt to resolve complaints of violations committed by an employer. Authorizes the Secretary to bring an action in court to recover on behalf of an affected employee any backpay (including interest), benefits, and liquidated damages due to the employee.
 
Requires an employer to post conspicuously upon its premises pertinent provisions of this Act and information on the filing of a complaint. Requires the Secretary to maintain a guide on the benefits and services available to affected employees.
 
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to extend COBRA continuation coverage for certain qualified Trade Adjustment Assistance (TAA) eligible employees.
 

action_date: 2007-10-25
text: 
Early Warning and Health Care for Workers Affected by Globalization Act - Amends the Worker Adjustment and Retraining Notification Act (the Act) to redefine the terms &quot;employer,&quot; &quot;plant closing,&quot; &quot;mass layoff&quot;, and &quot;employees&quot; for purposes of the Act.
 
Requires an employer to: (1) give 90-day written notice (under current law, 60-day) to employees (including part-time employees) and appropriate state and local governments before ordering a plant closing or mass layoff; (2) notify the Secretary of Labor (Secretary) of such closing or layoff; and (3) provide affected employees with information regarding benefits and services available to them, including unemployment compensation, trade adjustment assistance, COBRA benefits, and certain other services.
 
Requires the Secretary to notify the appropriate U.S. Senators and Members of the House of Representatives who represent the area where such closing or mass layoff is to occur.
 
Makes an employer who violates such notice requirements liable to the employee for, among other things, two days pay (under current law, back pay for each day of violation) multiplied by the number of days short of the required 90 day notice that was not given, including interest on such pay.
 
Authorizes an affected employee to file a complaint against the employer individually and/or with the Secretary alleging a violation of the notice requirements. Requires the Secretary to investigate and attempt to resolve complaints of violations committed by an employer. Authorizes the Secretary to bring an action in court to recover on behalf of an affected employee any backpay, interest, benefits, and liquidated damages due to the employee.
 
Requires an employer to post conspicuously upon its premises pertinent provisions of this Act and information on the filing of a complaint. Sets forth a civil penalty for willful violation of such requirement. Provides that the rights and remedies provided in this Act can't be waived. Requires the Secretary to maintain a guide on the benefits and services available to affected employees.
 
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to extend COBRA continuation coverage for certain qualified Trade Adjustment Assistance (TAA) eligible employees.
 


Legislative actions:
action_date: 2007-10-25
text: Placed on the Union Calendar, Calendar No. 258.
action_date: 2007-10-25
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-410.
action_date: 2007-10-25
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-410.
action_date: 2007-10-18
text: Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 18.
action_date: 2007-10-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-10-10
text: Referred to the House Committee on Education and Labor.
action_date: 2007-10-10
text: Introduced in House
action_date: 2007-10-10
text: Introduced in House