II
110th CONGRESS
1st Session
S. 1792
IN THE SENATE OF THE UNITED STATES
July 16, 2007
Mr. Brown (for himself, Mr. Obama, and Mrs. Clinton) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
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 be
deemed to 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 by adding at the end the following:
Notice to the Secretary
Not later than 60 days after a plant closing or mass layoff, the employer involved shall submit to the Secretary of Labor a notification of the closing or layoff and the number of employees involved.
.
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 double the
back pay
;
in the flush
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. The right provided by this section to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing of an action by the Secretary of Labor under this subsection.
.
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.
.