29 U.S.C. § 2104 : US Code - Section 2104: Administration and enforcement of requirements

Search 29 U.S.C. § 2104 : US Code - Section 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.
(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.