29 U.S.C. § 2101 — Definitions; exclusions from definition of

Page 766 TITLE 29—LABOR § 2008 (A) further interview the examinee on the basis of the results of the test; and (B) provide the examinee with— (i) a written copy of any opinion or con- clusion rendered as a result of the test, and (ii) a copy of the questions asked during the test along with the corresponding charted responses. (5) Maximum number and minimum duration of tests The examiner shall not conduct and com- plete more than five polygraph tests on a cal- endar day on which the test is given, and shall not conduct any such test for less than a 90- minute duration. (c) Qualifications and requirements of examiners The exemptions provided under subsections (d), (e), and (f) of section 2006 of this title shall not apply unless the individual who conducts the polygraph test satisfies the requirements under the following paragraphs: (1) Qualifications The examiner— (A) has a valid and current license granted by licensing and regulatory authorities in the State in which the test is to be con- ducted, if so required by the State; and (B) maintains a minimum of a $50,000 bond or an equivalent amount of professional li- ability coverage. (2) Requirements The examiner— (A) renders any opinion or conclusion re- garding the test— (i) in writing and solely on the basis of an analysis of polygraph test charts, (ii) that does not contain information other than admissions, information, case facts, and interpretation of the charts rel- evant to the purpose and stated objectives of the test, and (iii) that does not include any rec- ommendation concerning the employment of the examinee; and (B) maintains all opinions, reports, charts, written questions, lists, and other records relating to the test for a minimum period of 3 years after administration of the test. (Pub. L. 100–347, § 8, June 27, 1988, 102 Stat. 650.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2008. Disclosure of information (a) In general A person, other than the examinee, may not disclose information obtained during a poly- graph test, except as provided in this section. (b) Permitted disclosures A polygraph examiner may disclose informa- tion acquired from a polygraph test only to— (1) the examinee or any other person specifi- cally designated in writing by the examinee; (2) the employer that requested the test; or (3) any court, governmental agency, arbi- trator, or mediator, in accordance with due process of law, pursuant to an order from a court of competent jurisdiction. (c) Disclosure by employer An employer (other than an employer de- scribed in subsection (a), (b), or (c) of section 2006 of this title) for whom a polygraph test is conducted may disclose information from the test only to— (1) a person in accordance with subsection (b); or (2) a governmental agency, but only insofar as the disclosed information is an admission of criminal conduct. (Pub. L. 100–347, § 9, June 27, 1988, 102 Stat. 652.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2009. Effect on other law and agreements Except as provided in subsections (a), (b), and (c) of section 2006 of this title, this chapter shall not preempt any provision of any State or local law or of any negotiated collective bargaining agreement that prohibits lie detector tests or is more restrictive with respect to lie detector tests than any provision of this chapter. (Pub. L. 100–347, § 10, June 27, 1988, 102 Stat. 653.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. CHAPTER 23—WORKER ADJUSTMENT AND RETRAINING NOTIFICATION Sec. 2101. Definitions; exclusions from definition of loss of employment. 2102. Notice required before plant closings and mass layoffs. 2103. Exemptions. 2104. Administration and enforcement of require- ments. 2105. Procedures in addition to other rights of em- ployees. 2106. Procedures encouraged where not required. 2107. Authority to prescribe regulations. 2108. Effect on other laws. 2109. Report on employment and international competitiveness. § 2101. Definitions; exclusions from definition of loss of employment (a) Definitions As used in this chapter— (1) the term ‘‘employer’’ means any business enterprise that employs— Page 767 TITLE 29—LABOR § 2102 (A) 100 or more employees, excluding part- time employees; or (B) 100 or more employees who in the ag- gregate work at least 4,000 hours per week (exclusive of hours of overtime); (2) the term ‘‘plant closing’’ means the per- manent or temporary shutdown of a single site of employment, or one or more facilities or op- erating units within a single site of employ- ment, if the shutdown results in an employ- ment loss at the single site of employment during any 30-day period for 50 or more em- ployees excluding any part-time employees; (3) the term ‘‘mass layoff’’ means a reduc- tion 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 ex- clusive representative of employees within the meaning of section 159(a) or 158(f) of this title or section 152 of title 45; (5) the term ‘‘affected employees’’ means employees who may reasonably be expected to experience an employment loss as a con- sequence of a proposed plant closing or mass layoff by their employer; (6) subject to subsection (b), the term ‘‘em- ployment loss’’ means (A) an employment ter- mination, other than a discharge for cause, voluntary departure, or retirement, (B) a lay- off exceeding 6 months, or (C) a reduction in hours of work of more than 50 percent during each month of any 6-month period; (7) the term ‘‘unit of local government’’ means any general purpose political subdivi- sion of a State which has the power to levy taxes and spend funds, as well as general cor- porate and police powers; and (8) the term ‘‘part-time employee’’ means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (b) Exclusions from definition of employment loss (1) In the case of a sale of part or all of an em- ployer’s business, the seller shall be responsible for providing notice for any plant closing or mass layoff in accordance with section 2102 of this title, up to and including the effective date of the sale. After the effective date of the sale of part or all of an employer’s business, the pur- chaser shall be responsible for providing notice for any plant closing or mass layoff in accord- ance with section 2102 of this title. Notwith- standing any other provision of this chapter, any person who is an employee of the seller (other than a part-time employee) as of the ef- fective date of the sale shall be considered an employee of the purchaser immediately after the effective date of the sale. (2) Notwithstanding subsection (a)(6), an em- ployee may not be considered to have experi- enced an employment loss if the closing or lay- off is the result of the relocation or consolida- tion of part or all of the employer’s business and, prior to the closing or layoff— (A) the employer offers to transfer the em- ployee to a different site of employment with- in a reasonable commuting distance with no more than a 6-month break in employment; or (B) the employer offers to transfer the em- ployee to any other site of employment re- gardless of distance with no more than a 6- month break in employment, and the em- ployee accepts within 30 days of the offer or of the closing or layoff, whichever is later. (Pub. L. 100–379, § 2, Aug. 4, 1988, 102 Stat. 890.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–379, § 11, Aug. 4, 1988, 102 Stat. 895, pro- vided that: ‘‘This Act [enacting this chapter] shall take effect on the date which is 6 months after the date of enactment of this Act [Aug. 4, 1988], except that the au- thority of the Secretary of Labor under section 8 [sec- tion 2107 of this title] is effective upon enactment.’’ SHORT TITLE Pub. L. 100–379, § 1(a), Aug. 4, 1988, 102 Stat. 890, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Worker Adjustment and Retraining Notifi- cation Act’.’’ § 2102. Notice required before plant closings and mass layoffs (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 em- ployees 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, and the chief elected official of the unit of local gov- ernment 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 no- tify 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 ac- tively seeking capital or business which, if ob- tained, would have enabled the employer to avoid or postpone the shutdown and the em- ployer reasonably and in good faith believed that giving the notice required would have pre- cluded the employer from obtaining the needed capital or business.