The Early Warning and Health Care for Workers Affected by Globalization Act (HR 3796) was introduced by Rep. George Miller, D-Calif in the United States House of Representatives on October 10, 2007. The bill was considered by the Committee on Education and Labor and recommended to the entire House. The bill was then attached to the Trade and Globalization Act of 2007 (HR 3920) and passed the House by a vote of 264 in favor, 157 against, and 11 member not present/abstaining.
WARN Act amendments passed by the House in the Trade and Globalization Act of 2007 (HR 3920) include:
- For mass layoffs, repealing the requirement that one-third of the active workforce be laid off before triggering notice requirements;
- Increasing the notice requirement from 60 days to 90 days;
- Increasing allowable damages from a single day’s pay to twice the amount of daily pay for each day that an employer is found in violation of the Act and providing for interest to added to worker’s awards;
- Stating that damages are calculated on a ‘calendar day’ basis;
- Providing a uniform statute of limitations period of two years;
- Providing for an administrative complaint procedure through the U.S. Department of Labor;
- Providing penalties of $500 for each offense when an employer is found to have willfully violated the Act;
- Limiting the circumstances under which a worker will be found to have waived or released their right to bring claims under the Act; and
- Requiring employers to post notice of workers rights and remedies under the Act.
