3.0.0 1374 2023-01-11T13:18:34Z 2023-01-11T13:18:34Z Senate S S 2009-06-25 111 sshr00 Health, Education, Labor, and Pensions Committee Senate Standing Referred to 2009-06-25T21:05:36Z Forewarn Act 111 3042 HR 2009-06-25 Referred to the House Committee on Education and Labor. Related bill CRS 2009-06-25 sshr00 Health, Education, Labor, and Pensions Committee Senate Read twice and referred to the Committee on Health, Education, Labor, and Pensions. IntroReferral 2009-06-25 Introduced in Senate IntroReferral 10000 9 Library of Congress B000944 Sen. Brown, Sherrod [D-OH] Sherrod Brown D OH N K000148 Sen. Kerry, John F. [D-MA] JOHN KERRY D MA FORBES 2009-06-25 True D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. 2009-06-25 True H000206 Sen. Harkin, Tom [D-IA] THOMAS HARKIN D IA RICHARD 2009-06-25 True F000061 Sen. Feingold, Russell D. [D-WI] RUSSELL FEINGOLD D WI D. 2009-06-25 True S000770 Sen. Stabenow, Debbie [D-MI] Debbie Stabenow D MI 2009-07-13 False C001070 Sen. Casey, Robert P., Jr. [D-PA] Bob Casey D PA 2009-12-02 False Labor and Employment Civil actions and liability Employee benefits and pensions Employment and training programs Employment discrimination and employee rights Government information and archives Government studies and investigations Health care costs and insurance Trade adjustment assistance Unemployment Wages and earnings Labor and Employment 00 2009-06-25 Introduced in Senate 2009-10-05T20:17:39Z Forewarn Act - Amends the Worker Adjustment and Retraining Notification Act (the Act) to: (1) redefine the terms "employer," "plant closing," and "mass layoff" for purposes of the Act; and (2) among other things, apply it to employers of 75 or more employees (currently, 100 employees), including any parent company of which the business enterprise is a subsidiary.

Requires an employer to: (1) give 90-day written notice (currently, 60-day) to employees and appropriate state and local governments before ordering a plant closing or mass layoff; (2) notify the Secretary of Labor and the governor of the state in which the closing or layoff will occur; and (3) provide affected employees with information regarding benefits and services available to them, including unemployment compensation, trade adjustment assistance, COBRA benefits, onsite access to rapid response teams, and certain other services.

Exempts from such notice requirements plant closings or mass layoffs which are due directly to a terrorist attack.

Requires the Secretary to notify the appropriate U.S. Senators and Members of the House of Representatives who represent the area where such closing or mass layoff is to occur.

Makes an employer who violates such notice requirements liable to the employee for, among other things, two days pay (currently, back pay for each day of violation) multiplied by the number of calendar days for which the employer was required but failed to provide notice, including interest on such pay.

Authorizes an affected employee to file a complaint with the Secretary alleging a violation of the notice requirements. Requires the Secretary to investigate and attempt to resolve such complaints. Authorizes the Secretary to bring an action in court to recover on behalf of an affected employee any backpay (including interest), benefits, and liquidated damages due.

Requires an employer to post conspicuously upon its premises pertinent provisions of this Act and information on the filing of a complaint. Requires the Secretary to maintain a guide on the benefits and services available to affected employees.

Prohibits the waiver of rights and remedies provided under this Act (including the right to maintain a civil action) by any agreement or settlement negotiated on behalf of affected employees.

]]> Forewarn Act Display Title Forewarn Act Official Title as Introduced A bill to amend the Worker Adjustment and Retraining Notification Act to minimize the adverse effects of employment dislocation, and for other purposes. Introduced in Senate IS Short Titles as Introduced Forewarn Act Introduced in Senate 2009-06-25T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s1374is/xml/BILLS-111s1374is.xml 2009-06-25 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.