To provide assistance to employees who are subject to a plant closing or mass layoff because their work is transferred to a foreign country that has low wages or unhealthy working conditions and to amend the Worker Adjustment and Retraining Notification Act to expand the coverage and strengthen the notification and enforcement provisions under that Act.
TABLE OF CONTENTS:
Title I: Assistance to Workers Subject to Plant Closings
or Mass Layoffs Because their Work is Transferred to Low Wage
Foreign Countries
Title II: Amendments to the Worker Adjustment and Retraining
Notification Act
Title III: Effective Date
American Jobs Protection Act - Title I: Assistance to Workers Subject to Plant Closings or Mass Layoffs Because Their Work Is Transferred to Low Wage Foreign Countries - Requires employers to provide specified notice and employee benefits (including severance pay, continuation of health care benefits, reimbursement for retraining, training incentive payments, and accelerated eligibility for early retirement) to employees who are subject to a plant closing or mass layoff because their work is transferred to (or similar products are imported from) another country which has specified levels of lower wages or less effective employment standards for overtime compensation, child labor, and employee safety.
Prohibits employers who do not provide such notice and benefits from entering into a contract with the United States for provision of products or services involved in the work transfer or substantially similar to such products or services.
Provides for enforcement of this title by: (1) investigative and administrative actions and actions for injunctions by the Secretary of Labor; and (2) civil actions by employees, local governments, States, and the Secretary.
Requires employers to post notice concerning this title and the filing of a charge. Authorizes civil fines for violations.
Title II: Amendments to the Worker Adjustment and Retraining Notification Act - Amends the Worker Adjustment and Retraining Notification Act to lower the number of employees an employer must have to be covered by such Act to 50 (currently 100) and the number involved to be considered a plant closing or mass layoff to 25 (currently 50 for a closing and various formulas for a layoff). Reduces the aggregate number of weekly hours of such employees by half to reflect such change.
Increases the time period of notice required before plant closings and mass layoffs to 180 days.
Adds to the damages for which an employer in violation of such Act is liable. Excludes liability for liquidated damages if the violation is a good faith act or omission.
Adds required enforcement actions by the Secretary of Labor.
Requires (currently allows) the prevailing party in a civil action against an employer under such Act to receive a reasonable attorney's fee as part of the costs.
Requires employers to post notice concerning such Act and the filing of a charge. Authorizes civil fines for violations.
Title III: Effective Date - Sets forth the effective date of this Act and the amendments it makes.
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Referred to the Subcommittee on Labor-Management Relations.
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