(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)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
158(f) of this title or section
152 of title
(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) of this section, 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 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 subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate 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 employer’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 purchaser shall be responsible for providing notice for any plant closing or mass layoff in accordance with section
2102 of this title. Notwithstanding any other provision of this chapter, any person who is an employee of the seller (other than a part-time employee) as of the effective 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) of this section, an employee may not be considered to have experienced an employment loss if the closing or layoff is the result of the relocation or consolidation of part or all of the employer’s business and, prior to the closing or layoff—
(A)the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 6-month break in employment; or
(B)the employer offers to transfer the employee to any other site of employment regardless of distance with no more than a 6-month break in employment, and the employee accepts within 30 days of the offer or of the closing or layoff, whichever is later.
Pub. L. 100–379, § 11,Aug. 4, 1988, 102 Stat. 895, provided 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 authority of the Secretary of Labor under section
2107 of this title] is effective upon enactment.”
Pub. L. 100–379, § 1(a),Aug. 4, 1988, 102 Stat. 890, provided that: “This Act [enacting this chapter] may be cited as the ‘Worker Adjustment and Retraining Notification Act’.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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