§ 2101. — Definitions; exclusions from definition of loss of employment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2101]
TITLE 29--LABOR
CHAPTER 23--WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
Sec. 2101. Definitions; exclusions from definition of loss of
employment
(a) Definitions
As used in this chapter--
(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)(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 159(a) or
158(f) of this title or section 152 of title 45;
(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, Sec. 2, Aug. 4, 1988, 102 Stat. 890.)
Effective Date
Section 11 of Pub. L. 100-379 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 8 [section 2107 of this title]
is effective upon enactment.''
Short Title
Section 1(a) of Pub. L. 100-379 provided that: ``This Act [enacting
this chapter] may be cited as the `Worker Adjustment and Retraining
Notification Act'.''
Section Referred to in Other Sections
This section is referred to in section 2102 of this title; title 3
section 435; title 42 section 2297h-8.
