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29 U.S.C. § 2107 — Authority to prescribe regulations
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this chapter. Such regulations shall, at a minimum, include interpretative regulations describing the methods by which employers may provide for appropriate service of notice as required by this chapter.
**(b)** The mailing of notice to an employee’s last known address or inclusion of notice in the employee’s paycheck will be considered acceptable methods for fulfillment of the employer’s obligation to give notice to each affected employee under this chapter.
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Source file: Laws/federal/codes/united-states-code/title-29/section-2107-authority-to-prescribe-regulations--846382b295.md
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Source location: Title 29, Chapter 23, § 2107; chapter-023-worker-adjustment-and-retraining-notification.md
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**(a)** The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this chapter. Such regulations shall, at a minimum, include interpretative regulations describing the methods by which employers may provide for appropriate service of notice as required by this chapter.
**(b)** The mailing of notice to an employee’s last known address or inclusion of notice in the employee’s paycheck will be considered acceptable methods for fulfillment of the employer’s obligation to give notice to each affected employee under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section152&num=0&edition=prelim);
(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 o
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Federal law — U.S. Code and appendices · legal_authorities
Page 769
TITLE 29—LABOR
§ 2107
1 So in original. The comma probably should not appear.
(i) the average regular rate received by
such employee during the last 3 years of the
employee’s employment; or
(ii) the final regular rate received by such
employee; and
(B) benefits under an employee benefit plan
described in section 1002(3) of this title, includ-
ing the cost of medical expenses incurred dur-
ing the employment loss which would have
been covered under an employee benefit plan if
the employment loss had not occurred.
Such liability shall be calculated for the period
of the violation, up to a maximum of 60 days,
but in no event for more than one-half the num-
ber of days the employee was employed by the
employer.
(2) The amount for which an employer is liable
under paragraph (1) shall be reduced by—
(A) any wages paid by the employer to the
employee for the period of the violation;
(B) any voluntary and unconditional pay-
ment by the employer to the employee that is
not required by any legal obligation; and
(C) any payment by the employer to a third
party or trustee (such as premiums for health
benefits or payments to a defined contribution
pension plan) on behalf of and attributable to
the employee for the period of the violation.
In addition, any liability incurred under para-
graph (1) with respect to a defined benefit pen-
sion plan may be reduced by crediting the em-
ployee with service for all purposes under such a
plan for the period of the violation.
(3) Any employer who violates the provisions
of section 2102 of this title with respect to a unit
of local government shall be subject to a civil
penalty of not more than $500 for each day of
such violation, except that such penalty shall
not apply if the employer pays to each aggrieve
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 2107
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