Congressman Kildee Fights to Protect Workers Affected by Job Losses

Washington, D.C. – In his continuing efforts to help protect workers in Michigan and across the country, Congressman Dale E. Kildee (D-MI), Co-Chair of the Congressional Automotive Caucus, has co-sponsored H.R. 3042, the Forewarn Act. This legislation improves and strengthens the Worker Adjustment and Retraining Notification (WARN) Act, which requires that workers and pertinent state entities receive 60 days notices of mass-layoffs. The Forewarn Act would increase this notice period to 90 days and clarify other provisions of the WARN Act.

“Particularly during these difficult economic times, we must do everything possible to promote policies that keep well-paying jobs in our communities and protect our workers. If companies are downsizing or shuttering plants, employees deserve to know as early as possible so they can prepare to transition to new jobs or obtain worker retraining,” said Congressman Kildee. “Our country possesses a highly talented and skilled workforce that is eager to move our economy forward. As always, I am fully committed to supporting our workers and I will continue to fight for good jobs in our communities and fair treatment of our working families.”

To strengthen and clarify the WARN Act, H.R. 3042:
•    Increases the notice requirement for mass-layoffs from 60 to 90 days;
•    Expands the bill’s reach to employers who have 75 or more employees, including new or part-time workers, and lowers the threshold for affected employees from 50 to 25;
•    Allows double back pay for each calendar day that terminated workers did not receive the required notice;
•    Clarifies that the notice period should be determined by “calendar” days rather than “business” days;
•    Clarifies that an employer’s “good faith” can only be used to reduce damages owed, not to entirely eliminate liability;
•    Requires employers to post a notice in the workplace regarding worker rights under the WARN Act and to permit on-site access to government rapid response teams;
•    Requires employers to give notice to the Governor of the affected state, as well as to the U.S. Secretary of Labor, who may be required to inform the appropriate Senators and Members of the House of Representatives, among other protections.