§2623 — Title 15 Commerce and Trade | U.S. Code

Summary

The Administrator must keep checking how rules or requirements under sections 2603, 2604, or 2605 might affect jobs, including layoffs or threatened plant closings. Any employee or their representative can ask for an investigation of a discharge, layoff, threatened layoff, or other bad effects on the job. The Administrator must investigate and, if anyone asks, hold public hearings unless the Administrator decides within 45 days there is no reasonable basis for hearings and explains that decision in writing and in the Federal Register. If hearings are held, at least five days’ notice goes to the requester and named people, and the employee and employer must present information. Afterward the Administrator will publish findings and any recommendations. The Administrator does not have to change or cancel any existing rule or order.

Title 15, §2623

Commerce and Trade — Source: USLM XML via OLRC

(a)The Administrator shall evaluate on a continuing basis the potential effects on employment (including reductions in employment or loss of employment from threatened plant closures) of—

(1)the issuance of a rule or order under section 2603, 2604, or 2605 of this title, or

(2)a requirement of section 2604 or 2605 of this title.

(b)(1)Any employee (or any representative of an employee) may request the Administrator to make an investigation of—

(A)a discharge or layoff or threatened discharge or layoff of the employee, or

(B)adverse or threatened adverse effects on the employee’s employment,

(2)(A)Upon receipt of a request made in accordance with paragraph (1) the Administrator shall (i) conduct the investigation requested, and (ii) if requested by any interested person, hold public hearings on any matter involved in the investigation unless the Administrator, by order issued within 45 days of the date such hearings are requested, denies the request for the hearings because the Administrator determines there are no reasonable grounds for holding such hearings. If the Administrator makes such a determination, the Administrator shall notify in writing the person requesting the hearing of the determination and the reasons therefor and shall publish the determination and the reasons therefor in the Federal Register.

(B)If public hearings are to be held on any matter involved in an investigation conducted under this subsection—

(i)at least five days’ notice shall be provided the person making the request for the investigation and any person identified in such request, and

(ii)each employee who made or for whom was made a request for such hearings and the employer of such employee shall be required to present information respecting the applicable matter referred to in paragraph (1)(A) or (1)(B) together with the basis for such information.

(3)Upon completion of an investigation under paragraph (2), the Administrator shall make findings of fact, shall make such recommendations as the Administrator deems appropriate, and shall make available to the public such findings and recommendations.

(4)This section shall not be construed to require the Administrator to amend or repeal any rule or order in effect under this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (b)(2)(B)(ii), (iii). Pub. L. 114–182 redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: “such hearings shall be held in accordance with section 2605(c)(3) of this title, and”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

§2623 Employment Effects