29 U.S.C. § 2101 : US Code - Section 2101: Definitions; exclusions from definition of loss of employment

Search 29 U.S.C. § 2101 : US Code - Section 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.