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29 U.S.C. § 2106 — Procedures encouraged where not required
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
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Stable record: federal_law:legal_authorities:record_usc_b270e7c276c9de1cc0b4c6ab
Source file: Laws/federal/codes/united-states-code/title-29/section-2106-procedures-encouraged-where-not-required--2a82371c56.md
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Source location: Title 29, Chapter 23, § 2106; chapter-023-worker-adjustment-and-retraining-notification.md
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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.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2102
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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
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
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. § 2106
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