[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1969 Placed on Calendar Senate (PCS)]
Calendar No. 407
103d CONGRESS
2d Session
S. 1969
_______________________________________________________________________
A BILL
To amend the Worker Adjustment and Retraining Notification Act to
minimize the adverse effects of employment dislocation, and for other
purposes.
_______________________________________________________________________
April 11, 1994
Read the second time and placed on the calendar
Calendar No. 407
103d CONGRESS
2d Session
S. 1969
To amend the Worker Adjustment and Retraining Notification Act to
minimize the adverse effects of employment dislocation, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 24 (legislative day, February 22), 1994
Mr. Metzenbaum (for himself, Mr. Kennedy, Mr. Simon, Ms. Mikulski, Mr.
Pell, Mr. Wellstone, Mr. Riegle, and Mr. Feingold) introduced the
following bill; which was read the first time
April 11, 1994
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To amend the Worker Adjustment and Retraining Notification Act to
minimize the adverse effects of employment dislocation, 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 AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Worker Adjustment
and Retraining Notification Amendments Act''.
(b) Reference.--Except as specifically provided otherwise, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
SEC. 2. DEFINITIONS.
(a) Employer, Plant Closing, and Mass Layoff.--Paragraphs (1)
through (3) of section 2(a) (29 U.S.C. 2101(a)(1)-(3)) are amended to
read as follows:
``(1) the term `employer' means any business enterprise
that employs 50 or more employees;
``(2) the term `plant closing' means--
``(A) the permanent or temporary shutdown of a
single site of employment, or of one or more facilities
or operating units within a single site of employment,
which results in an employment loss at such site,
during any 30-day period, for 25 or more employees; or
``(B) the permanent or temporary shutdown of one or
more sites of employment, or of one or more facilities
or operating units within such sites, which results in
an employment loss, during any 30-day period, for 100
or more employees.
``(3) the term `mass layoff' means--
``(A) a reduction in force at a single site of
employment which results in an employment loss at such
site, during any 30-day period, for 25 or more
employees; or
``(B) a reduction in force which results in an
employment loss, during any 30-day period, for 100 or
more employees.''.
(b) Conforming Amendments.--
(1) Notice.--Section 3(d) (29 U.S.C. 2102(d)) is amended by
striking out ``, each of which is less than the minimum number
of employees specified in section 2(a) (2) or (3) but which in
the aggregate exceed that minimum number,'' and inserting in
lieu thereof ``which in the aggregate exceed the minimum number
of employees specified in section 2(a) (2) or (3)''.
(2) Definitions.--Section 2(b)(1) (29 U.S.C. 2101(b)(1)) is
amended by striking ``(other than a part-time employee)''.
(c) Secretary of Labor.--
(1) Definition.--Paragraph (8) of section 2(a) (29 U.S.C.
2101(a)(8)) is amended to read as follows:
``(8) the term `Secretary' means the Secretary of Labor or
a representative of the Secretary of Labor.''.
(2) Regulations.--Section 8(a) (29 U.S.C. 2107(a)) is
amended by striking ``of Labor''.
SEC. 3. NOTICE.
(a) Period.--Section 3 (29 U.S.C. 2102) is amended--
(1) in subsection (a), by striking ``a 60-day period
after'' and inserting ``the applicable notice period required
after'';
(2) in subsection (b), by striking ``60-day period'' each
place such term appears and inserting ``notice period'';
(3) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(4) by inserting after subsection (a), the following new
subsection:
``(b) Notice Period.--As used in this section, the term `notice
period' means--
``(1) in the case of a plant closing or mass layoff which
results in an employment loss for at least 25 but not more than
49 employees, 30 days;
``(2) in the case of a plant closing or mass layoff which
results in an employment loss for at least 50 but not more than
99 employees, 60 days; and
``(3) in the case of a plant closing or mass layoff which
results in an employment loss for at least 100 employees, 90
days.''.
(b) Conforming Amendment.--Section 5(a)(1) (29 U.S.C. 2104(a)(1))
is amended in the matter following subparagraph (B), by striking ``60
days'' and inserting ``the applicable notice period''.
(c) Recipient.--Section 3(a)(1) (29 U.S.C. 2102(a)(1)) is amended
by striking ``or, if there is no such representative at that time, to
each affected employee'' and inserting ``and to each affected
employee''.
SEC. 4. ENFORCEMENT.
(a) Amount.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``and'' at the end
thereof;
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) interest on the amount described in subparagraph (A)
calculated at the prevailing rate;
``(C) an additional amount as liquidated damages equal to
the sum of the amount described in subparagraph (A) and the
interest described in subparagraph (B); and''.
(b) Exemption.--Section 5(a)(4) (29 U.S.C. 2104(a)(4)) is amended
by striking ``reduce the amount of the liability or penalty provided
for in this section'' and inserting ``reduce the amount of the
liability under subparagraph (C) of paragraph (1) and reduce the amount
of the penalty provided for in paragraph (3)''.
(c) Administrative Complaint.--Section 5(a)(5) (29 U.S.C.
2104(a)(5)) is amended--
(1) by striking ``may sue,'' and inserting ``may,'';
(2) by inserting after ``both,'' the following: ``(A) file
a complaint with the Secretary alleging a violation of section
3, or (B) bring suit''; and
(3) by adding at the end thereof the following new
sentence: ``A person seeking to enforce such liability may use
one or both of the enforcement mechanisms described in
subparagraphs (A) and (B).''.
(d) Action by the Secretary.--Section 5 (29 U.S.C. 2104) is
amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following new
subsections:
``(b) Action by the Secretary.--
``(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 3 by an employer in the same manner that the Secretary
receives, investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206 and 207).
``(2) Subpoena powers.--For the purposes of any
investigation provided for in this section, the Secretary shall
have the subpoena authority provided for under section 9 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 209).
``(3) Civil action.--The Secretary may bring an action in
any court of competent jurisdiction to recover on behalf of an
employee the back pay, interest, benefits, and liquidated
damages described in subsection (a)(1).
``(4) Sums recovered.--Any sums recovered by the Secretary
on behalf of an employee under subparagraphs (A), (B), and (D)
of section 5(a)(1) shall be held in a special deposit account
and shall be paid, on order of the Secretary, directly to each
employee affected. Any such sums not paid to an employee
because of inability to do so within a period of 3 years, and
any sums recovered by the Secretary under subparagraph (C) of
section 5(a)(1), shall be credited as an offsetting collection
to the appropriations account of the Secretary of Labor for
expenses for the administration of this Act and shall remain
available to the Secretary until expended.
``(5) Action to compel relief by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, over an action brought by the Secretary to restrain the
withholding of payment of back pay, interest, benefits, or
other compensation, plus interest, found by the court to be due
to employees under this Act.
``(c) Limitations Period.--
``(1) In general.--An action may be brought under this
section not later than 2 years after the date of the last event
constituting the alleged violation for which the action is
brought.
``(2) Commencement.--In determining when an action is
commenced under this section for the purposes of paragraph (1),
it shall be considered to be commenced on the date on which the
complaint is filed.''.
SEC. 5. POSTING OF NOTICES; PENALTIES.
The Act (29 U.S.C. 2101 et seq.) is amended by adding at the end
thereof the following new section:
``SEC. 11. POSTING OF NOTICES; PENALTIES.
``(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
of Labor setting forth excerpts from, or summaries of, the pertinent
provisions of this chapter and information pertinent to the filing of a
complaint.
``(b) Penalties.--A willful violation of this section shall be
punishable by a fine of not more than $100 for each separate
offense.''.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of the enactment of this Act.