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2 U.S.C. § 1315 — Rights and protections under Worker Adjustment and Retraining Notification Act

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1315 — Rights and protections under Worker Adjustment and Retraining Notification Act

**(a) Worker adjustment and retraining notification rights** (1) **In general** — No employing office shall be closed or a mass layoff ordered within the meaning of section 3 of the Worker Adjustment and Retraining Notification Act ([29 U.S.C. 2102](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2102&num=0&edition=prelim)) until the end of a 60-day period after the employing office serves written notice of such prospective closing or layoff to representatives of covered employees or, if there are no representatives, to covered employees. (2) **Definitions** — For purposes of this section, the term “covered employee” shall include employees of the Government Accountability Office and the term “employing office” shall include the Government Accountability Office. **(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment and Retraining Notification Act ([29 U.S.C. 2104(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2104/a/1&num=0&edition=prelim), (2), and (4)). **(c) Regulations to implement section** (1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim), issue regulations to implement this section. (2) **Agency regulations** — The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of suc

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Source file: Laws/federal/codes/united-states-code/title-2/section-1315-rights-and-protections-under-worker-adjustment-and-retraining-notificati--687a36836d.md
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Source location: Title 2, Chapter 24, § 1315; chapter-024-congressional-accountability.md

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1384 — Substantive regulations

**(a) Regulations** (1) **In general** — The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section. (2) **Rulemaking procedure** — Such regulations of the Board— (A) shall be adopted, approved, and issued in accordance with subsection (b); and (B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to— (i) the Senate and employees of the Senate; (ii) the House of Representatives and employees of the House of Representatives; and (iii) all other covered employees and employing offices. **(b) Adoption by Board** The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) and as provided in the following provisions of this subsection: (1) **Proposal** — The Board shall publish a general notice of proposed rulemaking under [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of th

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1371 — Study and recommendations regarding General Accounting Office, Government Printing Office, and Library of Congress

**(a) In general** The Board shall undertake a study of— (1) the application of the laws listed in subsection (b) to— (A) the General Accounting Office; (B) the Government Printing Office; and (C) the Library of Congress; and (2) the regulations and procedures used by the entities referred to in paragraph (1) to apply and enforce such laws to themselves and their employees. **(b) Applicable statutes** The study under this section shall consider the application of the following laws: (1) Title VII of the Civil Rights Act of 1964 ([42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). (2) The Age Discrimination in Employment Act of 1967 ([29 U.S.C. 621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). (3) The Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). (4) The Family and Medical Leave Act of 1993 ([29 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611&num=0&edition=prelim) et seq.), and related provisions of sections 6381 through 6387 of title 5. (5) The Fair Labor Standards Act of 1938 ([29 U

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2102 — Notice required before plant closings and mass layoffs

**(a) Notice to employees, State dislocated worker units, and local governments** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3174/a/2/A&num=0&edition=prelim), and the chief elected official of the unit of local government within which such closing or layoff is to occur. If there is more than one such unit, the unit of local government which the employer shall notify is the unit of local government to which the employer pays the highest taxes for the year preceding the year for which the determination is made. **(b) Reduction of notification period** (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

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1315 — Rights and protections under Worker Ad-

Page 313 TITLE 2—THE CONGRESS § 1315 ‘‘(2) ADMINISTRATION.—In the administration of this subsection, the remedies and procedures under the Fair Employment Practices Resolution shall be ap- plied. As used in this paragraph, the term ‘‘Fair Em- ployment Practices Resolution’’ means House Resolu- tion 558, One Hundredth Congress, agreed to October 4, 1988, as continued in effect by House Resolution 15, One Hundred First Congress, agreed to January 3, 1989. ‘‘(b) ARCHITECT OF THE CAPITOL EMPLOYEES.—Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with re- spect to individuals employed under the Office of the Architect of the Capitol.’’ § 1314. Rights and protections under Employee Polygraph Protection Act of 1988 (a) Polygraph practices prohibited (1) In general No employing office, irrespective of whether a covered employee works in that employing office, may require a covered employee to take a lie detector test where such a test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Em- ployee Polygraph Protection Act of 1988 (29 U.S.C. 2002(1), (2), or (3)). In addition, the waiv- er provisions of section 6(d) of such Act (29 U.S.C. 2005(d)) shall apply to covered employ- ees. (2) Definitions For purposes of this section, the term ‘‘cov- ered employee’’ shall include employees of the Government Accountability Office and the term ‘‘employing office’’ shall include the Government Accountability Office. (3) Capitol Police Nothing in thi

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2102 — Notice required before plant closings and

Page 767 TITLE 29—LABOR § 2102 (A) 100 or more employees, excluding part- time employees; or (B) 100 or more employees who in the ag- gregate work at least 4,000 hours per week (exclusive of hours of overtime); (2) the term ‘‘plant closing’’ means the per- manent or temporary shutdown of a single site of employment, or one or more facilities or op- erating units within a single site of employ- ment, if the shutdown results in an employ- ment loss at the single site of employment during any 30-day period for 50 or more em- ployees excluding any part-time employees; (3) the term ‘‘mass layoff’’ means a reduc- tion 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 ex- clusive 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 con- sequence of a proposed plant closing or mass layoff by their employer; (6) subject to subsection (b), the term ‘‘em- ployment loss’’ means (A) an employment ter- mination, other than a discharge for cause, voluntary departure, or retirement, (B) a lay- off 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 subdivi- sion of a State wh

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2104 — Administration and enforcement of requirements

**(a) Civil actions against employers** (1) Any employer who orders a plant closing or mass layoff in violation of [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2102&num=0&edition=prelim) shall be liable to each aggrieved employee who suffers an employment loss as a result of such closing or layoff for— (A) back pay for each day of violation at a rate of compensation not less than the higher of— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1002/3&num=0&edition=prelim), including the cost of medical expenses incurred during 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 number 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 payment 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 pa

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2104 — Administration and enforcement of re-

Page 768 TITLE 29—LABOR § 2103 (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 reason- ably foreseeable as of the time that notice would have been required. (B) No notice under this chapter shall be re- quired 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) Extension of layoff period 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 unfore- seeable changes in price or cost) not reason- ably foreseeable at the time of the initial lay- off; and (2) notice is given at the time it becomes reasonably foreseeable that the extension be- yond 6 months will be required. (d) Determinations with respect to employment loss For purposes of this section, in determining whether a plant closing or mass layoff has oc- curred 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 employm

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