29 U.S.C. § 2103: Exemptions

Summary

Excludes some plant closings and mass layoffs from the chapter's rules. It does not apply when the plant was temporary or the layoff happens because a specific project finished and the workers were hired knowing the work was only for that time. It also does not apply to a strike or lockout that is not meant to avoid these rules. An employer does not have to give the written notice called for in section 2102(a) when they permanently replace a worker who is an economic striker under the National Labor Relations Act (29 U.S.C. 151 et seq.). Nothing here should be read as approving or rejecting court or agency rulings about hiring permanent replacements for economic strikers.

Title 29, §2103

Labor, Source: USLM XML via OLRC

This chapter shall not apply to a plant closing or mass layoff if—

(1)the closing is of a temporary facility or the closing or layoff is the result of the completion of a particular project or undertaking, and the affected employees were hired with the understanding that their employment was limited to the duration of the facility or the project or undertaking; or

(2)the closing or layoff constitutes a strike or constitutes a lockout not intended to evade the requirements of this chapter. Nothing in this chapter shall require an employer to serve written notice pursuant to section 2102(a) of this title when permanently replacing a person who is deemed to be an economic striker under the National Labor Relations Act [29 U.S.C. 151 et seq.]: Provided, That nothing in this chapter shall be deemed to validate or invalidate any judicial or administrative ruling relating to the hiring of permanent replacements for economic strikers under the National Labor Relations Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Labor Relations Act, referred to in par. (2), is act July 5, 1935, ch. 372, 49 Stat. 452, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 167 of this title and Tables.

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.

§2103 Exemptions