Page:United States Statutes at Large Volume 102 Part 1.djvu/928

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 890

PUBLIC LAW 100-379—AUG. 4, 1988

Public Law 100-379 100th Congress An Act Aug. 4, 1988 [S. 2527] Worker Adjustment and Retraining Notification Act. Business and industry. Employment and unemployment. 29 USC 2101 note.

29 USC 2101.

To require advance notification of plant closings and mass layoffs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Worker Adjustment and Retraining Notification Act". 0)) TABLE OF CONTENTS.—The table of contents is as follows: Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1. Short title. 2. Definitions; exclusions from definition of loss of employment. 3. Notice required before plant closings and mass layoffs. 4. Exemptions. 5. Administration and enforcement of requirements. 6. Procedures in addition to other rights of employees. 7. Procedures encouraged where not required. 8. Authority to prescribe regulations. 9. Effect on other laws. 10. Report on employment and international competitiveness. 11. Effective date.

SEC. 2. DEFINITIONS; EXCLUSIONS FROM DEFINITION OF LOSS OF EMPLOYMENT.

(a) DEFINITIONS.—As used in this Act— (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 repults 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 9(a) or 8(f) of the National Labor Relations Act (29 U.S.C. 159(a), 158(0) or section 2 of the Railway Labor Act (45 U.S.C. 152);.