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29 U.S.C. § 2102 — Notice required before plant closings and mass layoffs
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_9c79c61044a8e7e66a043ec3
Source file: Laws/federal/codes/united-states-code/title-29/section-2102-notice-required-before-plant-closings-and-mass-layoffs--aca0b6ed39.md
Pages: Not recorded – Not recorded
Passage SHA-256: 842cd5cba6399f20202ced161eb19917383b0650062393c0b1f31ec62b08ecf5
Source location: Title 29, Chapter 23, § 2102; chapter-023-worker-adjustment-and-retraining-notification.md
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**(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 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) 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 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) Determinations with respect to employment loss** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to—
(1) tenure of employment;
(2) military preference, subject to [section 3501(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim);
(3) length of service; and
(4) efficiency or performance ratings.
In computing length of service, a competing employee—
(A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;
(B) who is a retired member of a uniformed service is entitled to credit for—
(i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and
(C) is entitled to credit for—
(i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and
(ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
**(b)** A preference eligible described in [section 2108(3)(C) of this title](https
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3502
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1315
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of this subtitle, the term “adjusted gross income” means, in the case of an individual, gross income minus the following deductions:
(1) **Trade and business deductions** — The deductions allowed by this chapter (other than by part VII of this subchapter) which are attributable to a trade or business carried on by the taxpayer, if such trade or business does not consist of the performance of services by the taxpayer as an employee.
(2) **Certain trade and business deductions of employees**
(A) *Reimbursed expenses of employees* — The deductions allowed by part VI (section 161 and following) which consist of expenses paid or incurred by the taxpayer, in connection with the performance by him of services as an employee, under a reimbursement or other expense allowance arrangement with his employer. The fact that the reimbursement may be provided by a third party shall not be determinative of whether or not the preceding sentence applies.
(B) *Certain expenses of performing artists* — The deductions allowed by section 162 which consist of expenses paid or incurred by a qualified performing artist in connection with the performances by him of services in the performing arts as an employee.
(C) *Certain expenses of officials* — The deductions allowed by section 162 which consist of expenses paid or incurred with respect to services performed by an official as an employee of a State or a political subdivision thereof in a position compensated in whole or in part on a fee basis.
(D) *Certain expenses of elementary and secondary school teachers* — The deductions allowed by section 162 which consist of expenses, not in excess of $250, paid or incurred by an eligible educator—
(i) by reason of the participation of the educator
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 62
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2104
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Federal law — U.S. Code and appendices · legal_authorities
It is the sense of Congress that an employer who is not required to comply with the notice requirements of [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2102&num=0&edition=prelim) should, to the extent possible, provide notice to its employees about a proposal to close a plant or permanently reduce its workforce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2106
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 2102
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.