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29 U.S.C. § 2104 — Administration and enforcement of requirements
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
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Stable record: federal_law:legal_authorities:record_usc_bc99532d2d4cede09a718632
Source file: Laws/federal/codes/united-states-code/title-29/section-2104-administration-and-enforcement-of-requirements--44cc837516.md
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Source location: Title 29, Chapter 23, § 2104; chapter-023-worker-adjustment-and-retraining-notification.md
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**(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 paragraph (1) with respect to a defined benefit pension plan may be reduced by crediting the employee 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2102&num=0&edition=prelim) 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 aggrieved employee the amount for which the employer is liable to that employee within 3 weeks from the date the employer orders the shutdown or layoff.
(4) If an employer which has violated this chapter proves to the satisfaction of the court that the act or omission that violated this chapter was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this chapter the court may, in its discretion, reduce the amount of the liability or penalty provided for in this section.
(5) A person seeking to enforce such liability, including a representative of employees or a unit of local government aggrieved under paragraph (1) or (3), may sue either for such person or for other persons similarly situated, or both, in any district court of the United States for any district in which the violation is alleged to have occurred, or in which the employer transacts business.
(6) In any such suit, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.
(7) For purposes of this subsection, the term,11 So in original. The comma probably should not appear. “aggrieved employee” means an employee who has worked for the employer ordering the plant closing or mass layoff and who, as a result of the failure by the employer to comply with [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2102&num=0&edition=prelim), did not receive timely notice either directly or through his or her representative as required by [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2102&num=0&edition=prelim).
**(b) Exclusivity of remedies** The remedies provided for in this section shall be the exclusive remedies for any violation of this chapter. Under this chapter, a Federal court shall not have authority to enjoin a plant closing or mass layoff.
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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 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
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 2104
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