§2101 — Title 29 Labor | U.S. Code

Summary

Sets out which companies must give notice and what counts as a plant closing or mass layoff. Employer: a business that has 100 or more employees (not counting part-timers), or 100 or more workers who together work at least 4,000 hours a week (no overtime). Plant closing: a permanent or temporary shutdown at one site that causes 50 or more full-time workers to lose work within any 30-day period. Mass layoff: a big cut that is not a plant closing and causes job loss at one site within any 30 days for either at least 33% of the workforce and at least 50 full-time workers, or at least 500 full-time workers. Representative: a union or other exclusive worker representative. Affected employees: workers likely to lose their jobs from a proposed closing or layoff. Employment loss: job end (unless fired for cause, quit, or retired), a layoff over 6 months, or cutting hours more than 50% each month for any 6-month stretch. Unit of local government: a taxing local government. Part-time employee: under 20 hours a week on average or worked fewer than 6 of the last 12 months before notice is needed. If a business is sold, the seller must give required notice up to the sale’s effective date and the buyer must give notice after that date. Workers of the seller (not part-timers) are treated as employees of the buyer right after the sale. A worker does not count as having an employment loss if the employer offers a transfer with no more than a 6-month break and the transfer is either within a reasonable commute or, if offered anywhere, the worker accepts within 30 days of the offer or of the closing/layoff, whichever is later.

Title 29, §2101

Labor — Source: USLM XML via OLRC

(a)As used in this chapter—

(1)the term “employer” means any business enterprise that employs—

(A)100 or more employees, excluding part-time employees; or

(B)100 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of hours of overtime);

(2)the term “plant closing” means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees;

(3)the term “mass layoff” means a reduction in force which—

(A)is not the result of a plant closing; and

(B)results in an employment loss at the single site of employment during any 30-day period for—

(i)(I)at least 33 percent of the employees (excluding any part-time employees); and

(II)at least 50 employees (excluding any part-time employees); or

(ii)at least 500 employees (excluding any part-time employees);

(4)the term “representative” means an exclusive representative of employees within the meaning of section 159(a) or 158(f) of this title or section 152 of title 45;

(5)the term “affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer;

(6)subject to subsection (b), the term “employment loss” means (A) an employment termination, other than a discharge for cause, voluntary departure, or retirement, (B) a layoff exceeding 6 months, or (C) a reduction in hours of work of more than 50 percent during each month of any 6-month period;

(7)the term “unit of local government” means any general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers; and

(8)the term “part-time employee” means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.

(b)(1)In the case of a sale of part or all of an employer’s business, the seller shall be responsible for providing notice for any plant closing or mass layoff in accordance with section 2102 of this title, up to and including the effective date of the sale. After the effective date of the sale of part or all of an employer’s business, the purchaser shall be responsible for providing notice for any plant closing or mass layoff in accordance with section 2102 of this title. Notwithstanding any other provision of this chapter, any person who is an employee of the seller (other than a part-time employee) as of the effective date of the sale shall be considered an employee of the purchaser immediately after the effective date of the sale.

(2)Notwithstanding subsection (a)(6), an employee may not be considered to have experienced an employment loss if the closing or layoff is the result of the relocation or consolidation of part or all of the employer’s business and, prior to the closing or layoff—

(A)the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 6-month break in employment; or

(B)the employer offers to transfer the employee to any other site of employment regardless of distance with no more than a 6-month break in employment, and the employee accepts within 30 days of the offer or of the closing or layoff, whichever is later.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 100–379, § 11, Aug. 4, 1988, 102 Stat. 895, provided that: “This Act [enacting this chapter] shall take effect on the date which is 6 months after the date of enactment of this Act [Aug. 4, 1988], except that the authority of the Secretary of Labor under section 8 [section 2107 of this title] is effective upon enactment.”

Short Title

Pub. L. 100–379, § 1(a), Aug. 4, 1988, 102 Stat. 890, provided that: “This Act [enacting this chapter] may be cited as the ‘Worker Adjustment and Retraining Notification Act’.”

§2101 Definitions; Exclusions From Definition of Loss of Employment