Forewarn Act
Latest action · Jun 25, 2009 Referred to the House Committee on Education and Labor.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJun 25, 2009
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 62
Members who signed on, in the order they did. Signatures ran from Jun 25, 2009 to Jan 19, 2010, with 3 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NY | John M. McHugh | Original | Jun 25, 2009 |
| D-CA | Lynn C. Woolsey | Original | Jun 25, 2009 |
| D-OH | Marcy Kaptur | Original | Jun 25, 2009 |
| D-IL | Phil Hare | Jun 26, 2009 | |
| D-FL | Alcee L. Hastings | Jul 7, 2009 | |
| D-OH | Betty Sutton | Jul 7, 2009 | |
| D-CA | Bob Filner | Jul 7, 2009 | |
| D-NH | Carol Shea-Porter | Jul 7, 2009 | |
| D-MI | Dale E. Kildee | Jul 7, 2009 | |
| D-NY | Eric J. J. Massa | Jul 7, 2009 | |
| D-WI | Gwen Moore | Jul 7, 2009 | |
| D-MA | John F. Tierney | Jul 7, 2009 | |
| D-IL | Luis V. Gutierrez | Jul 7, 2009 | |
| D-MI | Mark H. Schauer | Jul 7, 2009 | |
| D-ME | Michael H. Michaud | Jul 7, 2009 |
Actions 2
Everything that happened, newest first.
- Jun 25, 2009Introduced in House
- Jun 25, 2009Referred to the House Committee on Education and Labor.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 1374 | Forewarn Act | Related bill | Jun 25, 2009 |
Subjects
Assigned by the Library of Congress. Policy area: 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
- Labor and Employment
- Trade adjustment assistance
- Unemployment
- Wages and earnings
Text 1
Each version as it was printed, newest first.
- Jun 25, 2009Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.