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29 U.S.C. § 2103 — Exemptions
Federal law — U.S. Code and appendices · legal_authorities
This chapter shall not apply to a plant closing or mass layoff if—
(1) the closing is of a temporary facility or the closing or layoff is the result of the completion of a particular project or undertaking, and the affected employees were hired with the understanding that their employment was limited to the duration of the facility or the project or undertaking; or
(2) the closing or layoff constitutes a strike or constitutes a lockout not intended to evade the requirements of this chapter. Nothing in this chapter shall require an employer to serve written notice pursuant to [section 2102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2102/a&num=0&edition=prelim) when permanently replacing a person who is deemed to be an economic striker under the National Labor Relations Act [[29 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section151&num=0&edition=prelim) et seq.]: Provided, That nothing in this chapter shall be deemed to validate or invalidate any judicial or administrative ruling relating to the hiring of permanent replacements for economic strikers under the National Labor Relations Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2103
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Stable record: federal_law:legal_authorities:record_usc_eb2e47d26267b8bb56f9f449
Source file: Laws/federal/codes/united-states-code/title-29/section-2103-exemptions--5752013cdf.md
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Passage SHA-256: 95ebfa7a85c63564eaa8878f18a840d1940b77667f86f1ff55ead39418f67840
Source location: Title 29, Chapter 23, § 2103; chapter-023-worker-adjustment-and-retraining-notification.md
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This chapter shall not apply to a plant closing or mass layoff if—
(1) the closing is of a temporary facility or the closing or layoff is the result of the completion of a particular project or undertaking, and the affected employees were hired with the understanding that their employment was limited to the duration of the facility or the project or undertaking; or
(2) the closing or layoff constitutes a strike or constitutes a lockout not intended to evade the requirements of this chapter. Nothing in this chapter shall require an employer to serve written notice pursuant to [section 2102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2102/a&num=0&edition=prelim) when permanently replacing a person who is deemed to be an economic striker under the National Labor Relations Act [[29 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section151&num=0&edition=prelim) et seq.]: Provided, That nothing in this chapter shall be deemed to validate or invalidate any judicial or administrative ruling relating to the hiring of permanent replacements for economic strikers under the National Labor Relations Act.
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Federal law — U.S. Code and appendices · legal_authorities
The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 151
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “National Labor Relations Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 167
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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 36
TITLE 29—LABOR
§ 142
procurements; grants and other direct or indirect Fed-
eral investments; tax and trade administration and en-
forcement; administration and enforcement of labor,
employment, and other relevant laws; property man-
agement; and human resources management and labor
relations.
(b) ‘‘Worker organizing and collective bargaining’’
encompasses the private sector, State and local govern-
ments, and the Federal Government. It also includes
those sectors of the economy and those workers who
have not historically been able to unionize, or whose
ability to effectively collectively bargain or organize
has been undermined.
(c) the term ‘‘agency’’ refers to all agencies described
in section 3502(1) of title 44, United States Code, except
for the agencies described in section 3502(5) of title 44.
SEC. 4. Revocations. (a) Executive Order 13845 of July
19, 2018 (Establishing the President’s National Council
for the American Worker) [former 29 U.S.C. 3101 note],
and Executive Order 13931 of June 26, 2020 (Continuing
the President’s National Council for the American
Worker and the American Workforce Policy Advisory
Board) [former 29 U.S.C. 3101 note], are revoked.
(b) The Director of the Office of Management and
Budget and the heads of executive departments and
agencies shall promptly consider taking steps to re-
scind any orders, rules, regulations, guidelines, or poli-
cies, or portions thereof, implementing or enforcing
Executive Order 13845 or Executive Order 13931, as ap-
propriate and consistent with applicable law, including
the Administrative Procedure Act (5 U.S.C. 551 et seq.).
In addition, they shall abolish any personnel positions,
committees, task forces, or other entities established
pursuant to Executive Order 13845 or Ex
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 151
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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. § 2103
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.