Pennsylvania HB 815: An Act requiring notification of employees, the Department of Labor and Industry and municipalities when mass layoffs and business closings occur; and providing for civil penalties and for powers and duties of the Department of Labor and Industry.

Bill Text

PRINTER'S NO. 845
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 815
Session of
2025
INTRODUCED BY O'MARA, GIRAL, SANCHEZ, HILL-EVANS, CIRESI,
SCHLOSSBERG, HOHENSTEIN, HARKINS, FREEMAN, DELLOSO, FLEMING,
OTTEN, GREEN, INGLIS, KENYATTA, HOWARD, WAXMAN, HANBIDGE,
GUENST, BOYD AND MERSKI, MARCH 5, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 5, 2025
AN ACT
Requiring notification of employees, the Department of Labor and
Industry and municipalities when mass layoffs and business
closings occur; and providing for civil penalties and for
powers and duties of the Department of Labor and Industry.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Worker
Adjustment and Retraining Notification Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The impact of business closings and job loss due to
mergers and downsizing can be devastating to both individuals
and communities.
(2) With adequate notice of business closings and job
loss due to mergers and downsizing, employees, unions, State
and local government, business and community leaders can take
action to prevent the job loss or to implement plans for new
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employment opportunities.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Affected employee." An employee who may reasonably be
expected to experience an employment loss as a consequence of a
proposed business closing or mass layoff by the employee's
employer.
"Business closing." If a shutdown results in an employment
loss at the single site of employment during any 30-day period
for 30 or more employees, excluding part-time employees, the
permanent or temporary shutdown of:
(1) A single site of employment.
(2) One or more facilities or operating units within a
single site of employment.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employer." A business enterprise that employs:
(1) 50 or more employees, excluding part-time employees,
whether at one or multiple sites; or
(2) 50 or more employees who in the aggregate work at
least 2,000 hours per week, exclusive of hours of overtime.
"Employment loss." The term includes:
(1) An employment termination, other than a discharge
for cause, voluntary departure or retirement.
(2) A mass layoff exceeding six months.
(3) A reduction in hours of work of more than 50% during
each month of any six-month period.
"Mass layoff." A reduction in force that meets both of the
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following criteria:
(1) Is not the result of a business closing.
(2) Results in an employment loss at the single or
multiple sites of employment during any 30-day period for:
(i) at least 33% of the employees and at least 25
employees; or
(ii) at least 500 employees.
"Part-time employee." An employee who is employed for an
average of fewer than 20 hours per week or who has been employed
for fewer than six of the 12 months preceding the date on which
notice is required.
"Plant closing." If a shutdown results in an employment loss
at the single site of employment during any 30-day period for 50
or more employees, other than part-time employees, the permanent
or temporary shutdown of:
(1) A single site of employment.
(2) One or more facilities or operating units within a
single site of employment.
"Relocation." The removal of all or substantially all of the
industrial or commercial operations of an employer to a
different location 50 or more miles away.
"Representative." An exclusive representative of employees
for collective bargaining purposes.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
Section 4. Notice required before business closing and mass
layoffs.
(a) Parties to be notified.--An employer may not order a
business closing, mass layoff or relocation until the end of a
90-day period after the employer serves written notice of the
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business closing or mass layoff order:
(1) To each representative of the affected employees as
of the time of the notice or, if there is no representative
at that time, to each affected employee.
(2) To the department and the chief elected official of
the municipality within which the business closing or mass
layoff is to occur. If there is more than one municipality,
the municipality that the employer shall notify is the
municipality to which the employer pays the taxes for the
year preceding the year for which the determination is made.
(3) To the local workforce investment board established
under 29 U.S.C. Ch. 32 (relating to workforce innovation and
opportunity) for the locality in wh