Sec. 4. Administration and enforcement of requirements
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Section 5 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2104 ) is amended— in subsection (a)— in paragraph (1)— in subparagraph (A)— in the matter preceding clause (i), by striking each day and inserting each calendar day ; and in clause (ii), by striking and after the semicolon; in subparagraph (B), by striking the period at the end and inserting ; and ; by inserting after subparagraph
(B)the following: liquidated damages in an amount equal to 30 days of back pay, at the rate of compensation calculated under subparagraph (A). ; and in the flush text following subparagraph
(C)(as added by clause (iii)), by striking 60 days and inserting 90 days ; in paragraph (2)(A), by inserting , which begins on the date of the employment loss after the violation ; in paragraph (3), by inserting the Secretary, a State, or before a unit of local government ; in paragraph (4)— by striking which has violated this Act and inserting that has violated the provisions of section 3 with respect to the Secretary, a State, or a local government ; and by striking reduce the amount of the liability or penalty provided for in this section and inserting reduce the amount of the penalty under paragraph
(3); by striking paragraph
(5)and inserting the following: A person (including a representative of employees or a unit of local government aggrieved under paragraph
(1)or (3)) seeking to enforce the liability provided for in this section, may, either for such person, for other persons similarly situated, or for both, bring suit 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 transacts business. ; and in paragraph (6), by striking prevailing party and inserting prevailing plaintiff ; by redesignating subsection
(b)as subsection (c); by inserting after subsection
(a)the following: An action shall be brought under this section not later than 4 years after the date of the last event constituting the alleged violation for which the action is brought. ; by adding at the end the following: Notwithstanding subsection (a)(1)(C), an employer is not liable for the liquidated damages described in such subsection if— the employee alleges a site closing and— the employer can establish that circumstances described in section 3(c)(1) existed on the 60th and 30th days before the site closing; or the site closing is due to any form of natural disaster or directly due to a terrorist attack; or the alleged site closing or mass layoff is caused by business circumstances (other than a financier’s decision) that were not contemplated nor should reasonably have been contemplated as of the 30th day before the site closing or mass layoff. A State or designated entity that receives a notice under section 3(a) shall transmit a copy of the notice to the Secretary. The Secretary shall create and maintain a publicly available database that provides information from notices transmitted under paragraph (1). The database under paragraph
(2)shall include— for each notice transmitted under paragraph (1), a copy of the notice, the date of the notice, the name of the employer involved, the unit of local government affected by the closing or layoff involved, the number of employees so affected, the sector in which the layoff occurred (as identified by the North American Industry Classification System code), and the type of the closing or layoff; a search function that allows users to identify the geographic, annual, and sectoral breakdown of the notices; and a function that allows the data to be downloaded in a user-friendly format. The Secretary shall provide a link to the database through the internet website of the Department of Labor. .
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Sec. 4
Administration and enforcement of requirements
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