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29 U.S.C. § 2107 — Authority to prescribe regulations

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2107 — Authority to prescribe regulations

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

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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. Page 770 TITLE 29—LABOR § 2108 (Pub. L. 100–379, § 8, Aug. 4, 1988, 102 Stat. 894.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Aug. 4, 1988, except that the authority of the Secretary of Labor under this section is effective on Aug. 4, 1988, see section 11 of Pub. L. 100–379, set out as a note under section 2101 of this title. § 2108. Effect on other laws The giving of notice pursuant to this chapter, if done in good faith compliance with this chap- ter, shall not constitute a violation of the Na- tional Labor Relations Act [29 U.S.C. 151 et seq.] or the Railway Labor Act [45 U.S.C. 151 et seq.]. (Pub. L. 100–379, § 9, Aug. 4, 1988, 102 Stat. 894.) Editorial Notes REFERENCES IN TEXT The National Labor Relations Act, referred to in text, is act July 5, 1935, ch. 372, 49 Stat. 452, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 167 of this title and Tables. The Railway Labor Act, referred to in text, is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Rail- roads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. 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. § 2109. Report on employment and international competitiveness Two years after August 4, 1988, the Comp- troller General shall submit to the Committee on Small Business of both the House and Senate, the Committee on Labor and Human Resources, and the Committee on Education and Labor a report containing a detailed and objective anal- ysis of the effect of this chapter on employers (especially small- and medium-sized businesses), the economy (international competitiveness), and employees (in terms of levels and conditions of employment). The Comptroller General shall assess both costs and benefits, including the ef- fect on productivity, competitiveness, unem- ployment rates and compensation, and worker retraining and readjustment. (Pub. L. 100–379, § 10, Aug. 4, 1988, 102 Stat. 894.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. 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. CHAPTER 24—TECHNOLOGY RELATED AS- SISTANCE FOR INDIVIDUALS WITH DIS- ABILITIES §§ 2201, 2202. Repealed. Pub. L. 105–394, title IV, § 401, Nov. 13, 1998, 112 Stat. 3661 Section 2201, Pub. L. 100–407, § 2, Aug. 19, 1988, 102 Stat. 1044; Pub. L. 103–218, § 3, Mar. 9, 1994, 108 Stat. 51, related to findings, purposes, and policy. Section 2202, Pub. L. 100–407, § 3, Aug. 19, 1988, 102 Stat. 1046; Pub. L. 103–218, § 4, Mar. 9, 1994, 108 Stat. 54; Pub. L. 105–244, title I, § 102(a)(9)(B), Oct. 7, 1998, 112 Stat. 1620, related to definitions. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 100–407, § 1, Aug. 19, 1988, 102 Stat. 1044, pro- vided that Pub. L. 100–407 could be cited as the ‘‘Tech- nology-Related Assistance for Individuals With Disabil- ities Act of 1988’’, prior to repeal by Pub. L. 105–394, title IV, § 401, Nov. 13, 1998, 112 Stat. 3661. SUBCHAPTER I—GRANTS TO STATES §§ 2211 to 2216. Repealed. Pub. L. 105–394, title IV, § 401, Nov. 13, 1998, 112 Stat. 3661 Section 2211, Pub. L. 100–407, title I, § 101, Aug. 19, 1988, 102 Stat. 1047; Pub. L. 103–218, title I, § 101, Mar. 9, 1994, 108 Stat. 57; Pub. L. 105–220, title IV, § 414(b)(1), Aug. 7, 1998, 112 Stat. 1242, authorized program. Section 2212, Pub. L. 100–407, title I, § 102, Aug. 19, 1988, 102 Stat. 1052; Pub. L. 103–218, title I, § 102, Mar. 9, 1994, 108 Stat. 63; Pub. L. 105–220, title IV, § 414(b)(2), Aug. 7, 1998, 112 Stat. 1242, related to development grants. Section 2213, Pub. L. 100–407, title I, § 103, Aug. 19, 1988, 102 Stat. 1055; Pub. L. 103–218, title I, § 103, Mar. 9, 1994, 108 Stat. 70, related to extension grants. Section 2214, Pub. L. 100–407, title I, § 104, Aug. 19, 1988, 102 Stat. 1056; Pub. L. 103–218, title I, § 104, Mar. 9, 1994, 108 Stat. 75, related to progress criteria and re- ports. Section 2215, Pub. L. 100–407, title I, § 105, Aug. 19, 1988, 102 Stat. 1057; Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 103–218, title I, § 105, Mar. 9, 1994, 108 Stat. 76, related to administrative pro- visions. Section 2216, Pub. L. 100–407, title I, § 106, Aug. 19, 1988, 102 Stat. 1058; Pub. L. 103–218, title I, § 106, Mar. 9, 1994, 108 Stat. 82, related to authorization of appropria- tions. § 2217. Repealed. Pub. L. 103–218, title I, § 107, Mar. 9, 1994, 108 Stat. 85 Section, Pub. L. 100–407, title I, § 107, Aug. 19, 1988, 102 Stat. 1058, directed Secretary of Education to conduct national evaluation of program of grants to States au- thorized by this subchapter and to report to Congress on results not later than Oct. 1, 1992. SUBCHAPTER II—PROGRAMS OF NATIONAL SIGNIFICANCE PART A—NATIONAL CLASSIFICATION SYSTEM § 2231. Repealed. Pub. L. 105–394, title IV, § 401, Nov. 13, 1998, 112 Stat. 3661 Section, Pub. L. 100–407, title II, § 201, as added Pub. L. 103–218, title II, § 201, Mar. 9, 1994, 108 Stat. 85, related

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 151 — Findings and declaration of policy

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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 151 — Findings and declaration of policy

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

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 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 minimum, include interpretative regulations describing the methods by which employers may provide for appropriate service of notice as required by this chapter. **(b)** The mailing of notice to an employee’s last known address or inclusion of notice in the employee’s paycheck will be considered acceptable methods for fulfillment of the employer’s obligation to give notice to each affected employee under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 151 — Definitions; short title

When used in this chapter and for the purposes of this chapter—

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 151 — Definitions; short title

Page 8 TITLE 45—RAILROADS § 126 1 So in original. Section 124, act July 15, 1913, ch. 6, § 11, 38 Stat. 108, related to constitution of United States Board of Medi- ation and Conciliation. See section 151 et seq. of this title. Section 125, act July 15, 1913, ch. 6, § 11, 38 Stat. 108, related to repeal of certain prior law. § 126. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379 Section, act Dec. 15, 1921, ch. 1, § 1, 42 Stat. 328, abol- ished offices of Commissioner and Assistant Commis- sioner of Mediation and Conciliation. CHAPTER 7—ADJUSTMENT BOARDS AND LABOR BOARDS §§ 131 to 146. Repealed. May 20, 1926, ch. 347, § 14, 44 Stat. 587 Section 131, act Feb. 28, 1920, ch. 91, § 300, 41 Stat. 469, defined terms for purposes of this chapter. See section 151 et seq. of this title. Section 132, act Feb. 28, 1920, ch. 91, § 301, 41 Stat. 469, related to disputes between carriers and their officers, agents, and employees. See section 151 et seq. of this title. Section 133, act Feb. 28, 1920, ch. 91, § 302, 41 Stat. 469, related to establishment of railroad boards of labor ad- justment. See section 151 et seq. of this title. Section 134, act Feb. 28, 1920, ch. 91, § 303, 41 Stat. 469, related to duty of boards to hear and decide disputes. See section 151 et seq. of this title. Section 135, act Feb. 28, 1920, ch. 91, § 304, 41 Stat. 470, related to establishment and composition of Railroad Labor Board. See section 151 et seq. of this title. Section 136, act Feb. 28, 1920, ch. 91, § 305, 41 Stat. 470, related to selection of members of board by President. See section 151 et seq. of this title. Section 137, act Feb. 28, 1920, ch. 91, § 306, 41 Stat. 470, related to effect of subsequent ineligibility of certain members. See section 151

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