§ 2104. — Administration and enforcement of requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2104]
TITLE 29--LABOR
CHAPTER 23--WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
Sec. 2104. Administration and enforcement of requirements
(a) Civil actions against employers
(1) Any employer who orders a plant closing or mass layoff in
violation of section 2102 of this title shall be liable to each
aggrieved employee who suffers an employment loss as a result of such
closing or layoff for--
(A) back pay for each day of violation at a rate of compensation
not less than the higher of--
(i) the average regular rate received by such employee
during the last 3 years of the employee's employment; or
(ii) the final regular rate received by such employee; and
(B) benefits under an employee benefit plan described in section
1002(3) of this title, including the cost of medical expenses
incurred during the employment loss which would have been covered
under an employee benefit plan if the employment loss had not
occurred.
Such liability shall be calculated for the period of the violation, up
to a maximum of 60 days, but in no event for more than one-half the
number of days the employee was employed by the employer.
(2) The amount for which an employer is liable under paragraph (1)
shall be reduced by--
(A) any wages paid by the employer to the employee for the
period of the violation;
(B) any voluntary and unconditional payment by the employer to
the employee that is not required by any legal obligation; and
(C) any payment by the employer to a third party or trustee
(such as premiums for health benefits or payments to a defined
contribution pension plan) on behalf of and attributable to the
employee for the period of the violation.
In addition, any liability incurred under paragraph (1) with respect to
a defined benefit pension plan may be reduced by crediting the employee
with service for all purposes under such a plan for the period of the
violation.
(3) Any employer who violates the provisions of section 2102 of this
title with respect to a unit of local government shall be subject to a
civil penalty of not more than $500 for each day of such violation,
except that such penalty shall not apply if the employer pays to each
aggrieved employee the amount for which the employer is liable to that
employee within 3 weeks from the date the employer orders the shutdown
or layoff.
(4) If an employer which has violated this chapter proves to the
satisfaction of the court that the act or omission that violated this
chapter was in good faith and that the employer had reasonable grounds
for believing that the act or omission was not a violation of this
chapter the court may, in its discretion, reduce the amount of the
liability or penalty provided for in this section.
(5) A person seeking to enforce such liability, including a
representative of employees or a unit of local government aggrieved
under paragraph (1) or (3), may sue either for such person or for other
persons similarly situated, or both, 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.
(6) In any such suit, the court, in its discretion, may allow the
prevailing party a reasonable attorney's fee as part of the costs.
(7) For purposes of this subsection, the term,\1\ ``aggrieved
employee'' means an employee who has worked for the employer ordering
the plant closing or mass layoff and who, as a result of the failure by
the employer to comply with section 2102 of this title, did not receive
timely notice either directly or through his or her representative as
required by section 2102 of this title.
---------------------------------------------------------------------------
\1\ So in original. The comma probably should not appear.
---------------------------------------------------------------------------
(b) Exclusivity of remedies
The remedies provided for in this section shall be the exclusive
remedies for any violation of this chapter. Under this chapter, a
Federal court shall not have authority to enjoin a plant closing or mass
layoff.
(Pub. L. 100-379, Sec. 5, Aug. 4, 1988, 102 Stat. 893.)
Section Referred to in Other Sections
This section is referred to in title 2 section 1315; title 3 section
415.
