legislation: 96-s-2400
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| 96-s-2400 | 96 | s | 2400 | Employment Maintenance Act of 1980 | Labor and Employment | 1980-03-06 | 1980-03-06 | Referred to Senate Committee on Labor and Human Resources. | Senate | Sen. Metzenbaum, Howard M. [D-OH] | OH | D | M000678 | 0 | Employment Maintenance Act of 1980 - Requires a business concern which has assets or sales in excess of $100,000,000 to give written notice to the Secretary of Labor and to affected employees, labor organizations, and local governments whenever such concern intends to undertake a change of operations at an establishment which will result in an employment loss, during any 18-month period, to more than 15 percent of the employees at such establishment. Requires that such notice include an economic impact statement. Makes employees who accept employment with such business concerns, with knowledge that such notice has been given, ineligible for specified assistance under this Act. Requires such business concerns to give written statements of employment status to employees whose weekly wages are lowered by a specified amount or who are suspended or terminated. Stipulates that an employee will be deemed to suffer an employment loss if a business concern fails to: (1) give such a statement of employment status to an employee; or (2) include in such statement an assurance of increased wages or reinstatement. Requires a business concern which gives such assurance, yet fails to prevent such employment loss, to pay such employee a lump sum in a specified amount in addition to other required payments. Requires a business concern which has assets or sales in excess of $250,000,000 for a 52-week period following an employment loss, to make payments: (1) to the employee in a weekly income maintenance payment equal to 85 percent of such employee's wage rate or 100 percent of such rate while such employee participates in specified training programs; and (2) to specified employment benefit plans for such employees. Sets forth conditions under which such payments may be reduced or limited. Stipulates that such payments are not to be deemed wages for all other purposes, including specified employee benefit plans. Requires such business concerns to pay moving expenses for employees who resume employment with the same business concerns within three years. Requires such business concerns to continue weekly income maintenance payments to employees between 53 and 61 years of age when the 52 week payment period expires. Requires such business concerns to offer employees who suffer an employment loss any available employment, with equivalent wages and benefits, at any establishment of such business concerns for a three-year period after such employment loss. Sets forth such former employees' rights to credits and benefits in employee benefit plans and such business concerns' liability for payments to such plans. Stipulates that specified violations shall be deemed violations of the Employee Retirement Income Security Act of 1974, for which civil actions may be brought. Directs the Secretary, in consultation with specified groups, to implement a comprehensive assistance program (including programs of job training, job placement, and testing and counseling) for employees who suffer or may suffer employment loss. Makes such business concerns liable to local governments which lose revenue because of such changes of operations. Sets forth formulas for determining the amount of such liability. Directs the Secretary to pay such amounts to local governments if a business concern fails to do so (with such amount to be owed, with interest, to the United States by such business concern). Makes business concerns which transfer operations to an establishment outside the United States, when an economically viable alternative to such transfer existed, liable to the United States for lost revenues according to specified formulas. Sets forth civil violations and penalties. Enumerates violations of employees' rights and remedies for such violations. Directs the Secretary to recover overpayments for specified Federal assistance to employees obtained through a knowing deception. Sets forth general powers of the Secretary in carrying out this Act. Authorizes appropriations to carry out this Act. | 2025-09-02T13:56:43Z |