§ 2583. Enforcement and remedies.

341 words·~2 min read·/pa/title-15/chapter-25/2583

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(a)Notice.-- Within 30 days of the control-share approval, the employer shall provide written notice to each eligible employee and to the collective bargaining representative, if any, of the rights of eligible employees under this subchapter.

(b)Remedies.-- In the event any eligible employee is denied a lump-sum payment in violation of this subchapter or the employer fails to provide the notice required by subsection (a), the employee on his or her own behalf or on behalf of other employees similarly situated, or the collective bargaining representative, if any, on the behalf of the employee, may, in addition to all other remedies available at law or in equity, bring an action to remedy such violation. In any such action, the court may order such equitable or legal relief as it deems just and proper.

(c)Civil penalty.-- In the case of violations of subsection (a), the court may order the employer to pay to each employee who was subject to a termination of employment and entitled to severance compensation under this subchapter a civil penalty not to exceed $75 per day for each business day that notice was not provided to such employee.

(d)Successor liability.-- The rights under this subchapter of any individual who was an eligible employee at the time of the control-share approval shall vest at that time, and, in any action based on a violation of this subchapter, recovery may be secured against:

(1)a merged, consolidated or resulting domestic or foreign corporation or other successor employer; or

(2)the corporation after its status as a registered corporation has terminated;

notwithstanding any provision of law to the contrary.

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SUBCHAPTER J

BUSINESS COMBINATION TRANSACTIONS - LABOR CONTRACTS

Sec.

2585. Application and effect of subchapter.

2586. Definitions.

2587. Labor contracts preserved in business combination transactions.

2588. Civil remedies.

Enactment. Subchapter J was added April 27, 1990, P.L.129, No.36, effective immediately.

Cross References. Subchapter J is referred to in section 313 of this title; section 7203 of Title 20 (Decedents, Estates and Fiduciaries).

15c2585s