29 U.S.C. § 2106 — Procedures encouraged where not re-

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 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 lay- off. (4) If an employer which has violated this chapter proves to the satisfaction of the court that the act or omission that violated this chap- ter 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 para- graph (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 trans- acts business. (6) In any such suit, the court, in its discre- tion, may allow the prevailing party a reason- able attorney’s fee as part of the costs. (7) For purposes of this subsection, the term,1 ‘‘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, did not receive timely notice either directly or through his or her representa- tive as required by section 2102 of this title. (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 clos- ing or mass layoff. (Pub. L. 100–379, § 5, Aug. 4, 1988, 102 Stat. 893.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Aug. 4, 1988, see sec- tion 11 of Pub. L. 100–379, set out as a note under sec- tion 2101 of this title. § 2105. Procedures in addition to other rights of employees The rights and remedies provided to employ- ees by this chapter are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this chapter shall run concurrently with any period of notification required by con- tract or by any other statute. (Pub. L. 100–379, § 6, Aug. 4, 1988, 102 Stat. 894.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Aug. 4, 1988, see sec- tion 11 of Pub. L. 100–379, set out as a note under sec- tion 2101 of this title. § 2106. Procedures encouraged where not re- quired 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 should, to the extent possible, provide notice to its em- ployees about a proposal to close a plant or per- manently reduce its workforce. (Pub. L. 100–379, § 7, Aug. 4, 1988, 102 Stat. 894.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Aug. 4, 1988, see sec- tion 11 of Pub. L. 100–379, set out as a note under sec- tion 2101 of this title. § 2107. Authority to prescribe regulations (a) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this chapter. Such regulations shall, at a min- imum, include interpretative regulations de- scribing the methods by which employers may provide for appropriate service of notice as re- quired by this chapter. (b) The mailing of notice to an employee’s last known address or inclusion of notice in the em- ployee’s paycheck will be considered acceptable methods for fulfillment of the employer’s obli- gation to give notice to each affected employee under this chapter.