I
110th CONGRESS
1st Session
H. R. 3662
IN THE HOUSE OF REPRESENTATIVES
September 25, 2007
Mr. McHugh introduced the following bill; which was referred to the Committee on Education and Labor
A BILL
To amend the Worker Adjustment and Retraining Notification Act to improve such Act.
Short title
This Act may be cited as the Forewarn Act of 2007
.
Amendments to the Worker Adjustment and Retraining Act
Definitions
Section 2(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101(a)) is amended—
in paragraph (1)—
by striking 100
each place that such appears and inserting 50
; and
in subparagraph (B), by striking 4,000
and inserting 2,000
;
in paragraph (2), by striking 50
and inserting 25
; and
in paragraph (3)(B)(ii), by striking 500
and inserting 100
.
Notice Required
Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended—
in subsection (a), by striking 60-day
and inserting 90-day
;
in subsection (b), by striking 60-day
each place that such appears and inserting 90-day
; and
by adding at the end the following:
Calendar Days
All references in this Act to days
shall mean calendar days.
.
Notice to Other Parties and Secretary of Labor
Section 3(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a) is amended—
in the subsection heading, by striking Local Governments
and inserting Government Officials
;
in paragraph (1), by striking ; and
and inserting a semicolon;
in paragraph (2), by striking the period and inserting a semicolon; and
by adding after paragraph (2) the following:
to the Secretary of Labor, including the number of employees affected;
to the United States Senators, United States Representative, State Senator, and State Representative who represent the area in which the plant is located; and
to the Governor of the State in which the plant is located and to the chief elected official of the unit of local government within such closing or layoff is to occur.
.
Determinations with respect to employment loss
Section 3(d) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(d)) is amended by striking , each of which is less than the minimum number
and all that follows, and inserting during any 180-day period, one or more of which is less than the minimum number specified in section 2(a)(2) or (3) but which in the aggregate equal or exceed that minimum number, shall be considered a plant closing or mass layoff.
.
Penalty
Section 5 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104) is amended—
in subsection (a)(1)(A), by striking back pay
and inserting two days’ pay multiplied by the number of calendar days short of 90 that the company provided notice before such closing or layoff
;
in the matter following subparagraph (B), by striking 60 days
and inserting 90 days
; and
by adding at the end the following:
Authority of Secretary of Labor
A civil action may be brought by the Secretary of Labor (or the appropriate State attorney general if the Secretary fails to act within 6 months of the alleged violation) on behalf of one or more employees for relief under this section.
.
Educational Materials
The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) is amended by adding at the end the following:
Educational materials
The Secretary of Labor shall make educational materials concerning employee rights and employer responsibilities under this Act available to the general public and employers. Such materials shall be available on the Internet website of the Secretary and in written form for distribution by employers.
.