Title 29LaborRelease 119-73not60

§2102 Notice Required Before Plant Closings and Mass Layoffs

Title 29 › Chapter 23— WORKER ADJUSTMENT AND RETRAINING NOTIFICATION › § 2102

Last updated Apr 5, 2026|Official source

Summary

Employers must give 60 days’ written notice before they close a plant or do a mass layoff. They must send the notice to the workers’ representative or, if none, to each affected worker. They must also notify the state rapid‑response agency and the chief elected official of the local area where the closing or layoff will happen. There are some exceptions. A single workplace can close sooner if the employer was actively looking for money or business and honestly believed notice would stop that. Early closings are also allowed for unforeseeable business events. No notice is required for natural disasters like a flood, earthquake, or drought. Employers who cut the notice time must give as much notice as possible and a short reason. A layoff announced as 6 months or less that goes past 6 months counts as a job loss unless the longer time was unforeseeable and workers are told when that becomes clear. Job losses for two or more groups at one site that together exceed the law’s threshold within 90 days are treated as a single closing or mass layoff unless the employer proves they were separate, unrelated actions.

Full Legal Text

Title 29, §2102

Labor — Source: USLM XML via OLRC

(a)An employer shall not order a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of such an order—
(1)to each representative of the affected employees as of the time of the notice or, if there is no such representative at that time, to each affected employee; and
(2)to the State or entity designated by the State to carry out rapid response activities under section 3174(a)(2)(A) of this title, and the chief elected official of the unit of local government within which such closing or layoff is to occur.
(b)(1)An employer may order the shutdown of a single site of employment before the conclusion of the 60-day period if as of the time that notice would have been required the employer was actively seeking capital or business which, if obtained, would have enabled the employer to avoid or postpone the shutdown and the employer reasonably and in good faith believed that giving the notice required would have precluded the employer from obtaining the needed capital or business.
(2)(A)An employer may order a plant closing or mass layoff before the conclusion of the 60-day period if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable as of the time that notice would have been required.
(B)No notice under this chapter shall be required if the plant closing or mass layoff is due to any form of natural disaster, such as a flood, earthquake, or the drought currently ravaging the farmlands of the United States.
(3)An employer relying on this subsection shall give as much notice as is practicable and at that time shall give a brief statement of the basis for reducing the notification period.
(c)A layoff of more than 6 months which, at its outset, was announced to be a layoff of 6 months or less, shall be treated as an employment loss under this chapter unless—
(1)the extension beyond 6 months is caused by business circumstances (including unforeseeable changes in price or cost) not reasonably foreseeable at the time of the initial layoff; and
(2)notice is given at the time it becomes reasonably foreseeable that the extension beyond 6 months will be required.
(d)For purposes of this section, in determining whether a plant closing or mass layoff has occurred or will occur, employment losses for 2 or more groups at a single site of employment, each of which is less than the minimum number of employees specified in section 2101(a)(2) or (3) of this title but which in the aggregate exceed that minimum number, and which occur within any 90-day period shall be considered to be a plant closing or mass layoff unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes and are not an attempt by the employer to evade the requirements of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (a)(2). Pub. L. 113–128 substituted “the State or entity designated by the State to carry out rapid response activities under section 3174(a)(2)(A) of this title,” for “the State or entity designated by the State to carry out rapid response activities under section 2864(a)(2)(A) of this title,”. 1998—Subsec. (a)(2). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(18)], struck out “the State dislocated worker unit or office (referred to in section 1661(b)(2) of this title), or” before “the State or entity”. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(26)], substituted “to the State dislocated worker unit or office (referred to in section 1661(b)(2) of this title), or the State or entity designated by the State to carry out rapid response activities under section 2864(a)(2)(A) of this title, and the chief” for “to the State dislocated worker unit (designated or created under title III of the Job Training Partnership Act) and the chief”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 AmendmentAmendment by Pub. L. 113–128 effective on the first day of the first full program year after
July 22, 2014 (
July 1, 2015), see section 506 of Pub. L. 113–128, set out as an

Effective Date

note under section 3101 of this title.

Effective Date

of 1998 AmendmentAmendment by section 101(f) [title VIII, § 405(d)(26)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(18)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees.

Effective Date

Section effective 6 months after Aug. 4, 1988, see section 11 of Pub. L. 100–379, set out as a note under section 2101 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 2102

Title 29Labor

Last Updated

Apr 5, 2026

Release point: 119-73not60