§2104 Administration and enforcement of requirements

Summary

If an employer orders a plant closing or mass layoff without giving the required notice, the employer must pay each affected worker back pay for each day the notice was late. The pay must be at least the higher of the worker’s average regular rate over the last 3 years or the worker’s final regular rate. The employer also must cover benefits the worker would have had, including medical costs. The employer’s liability is lowered by any wages already paid, any voluntary unconditional payments, and any payments the employer made for the worker’s benefits (like insurance premiums or pension contributions). If the violation affects a unit of local government, the employer can also face a civil penalty of up to $500 per day, unless the employer pays what it owes each affected worker within 3 weeks after ordering the shutdown or layoff. A court may reduce amounts if the employer shows it acted in good faith and reasonably believed it was not breaking the law. An affected worker, a workers’ representative, or an aggrieved local government can sue in federal district court where the violation happened or where the employer does business. The court may award attorney’s fees to the winning side. An “aggrieved employee” means a worker who didn’t get timely notice as required. These rules are the only remedies under this law, and a federal court cannot order a plant closing or mass layoff to stop.