---
kind: "section"
citation: "29 U.S.C. § 2104"
title: "29"
title_heading: "Labor"
number: "2104"
heading: "Administration and enforcement of requirements"
release: "119-102"
url: "https://uscodex.org/usc/29/2104"
units:
  - "Chapter 23 — Worker Adjustment and Retraining Notification"
---

# §2104. Administration and enforcement of requirements

- (a) **Civil actions against employers—**
  - (1) Any [employer](/usc/29/2101.md?p=a-1) who orders a [plant closing](/usc/29/2101.md?p=a-2) or [mass layoff](/usc/29/2101.md?p=a-3) in violation of [section 2102 of this title](/usc/29/2102.md) shall be liable to each aggrieved employee who suffers an [employment loss](/usc/29/2101.md?p=a-6) 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](/usc/29/1002.md?p=3), including the cost of medical expenses incurred during the [employment loss](/usc/29/2101.md?p=a-6) which would have been covered under an employee benefit plan if the [employment loss](/usc/29/2101.md?p=a-6) 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](/usc/29/2101.md?p=a-1).

  - (2) The amount for which an [employer](/usc/29/2101.md?p=a-1) is liable under [paragraph (1)](#a-1) shall be reduced by—
    - (A) any wages paid by the [employer](/usc/29/2101.md?p=a-1) to the employee for the period of the violation;
    - (B) any voluntary and unconditional payment by the [employer](/usc/29/2101.md?p=a-1) to the employee that is not required by any legal obligation; and
    - (C) any payment by the [employer](/usc/29/2101.md?p=a-1) 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)](#a-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](/usc/29/2101.md?p=a-1) who violates the provisions of [section 2102 of this title](/usc/29/2102.md) with respect to a [unit of local government](/usc/29/2101.md?p=a-7) 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](/usc/29/2101.md?p=a-1) pays to each aggrieved employee the amount for which the [employer](/usc/29/2101.md?p=a-1) is liable to that employee within 3 weeks from the date the [employer](/usc/29/2101.md?p=a-1) orders the shutdown or layoff.
  - (4) If an [employer](/usc/29/2101.md?p=a-1) 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](/usc/29/2101.md?p=a-1) 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](/usc/29/1301.md?p=a-20) seeking to enforce such liability, including a [representative](/usc/29/2101.md?p=a-4) of employees or a [unit of local government](/usc/29/2101.md?p=a-7) aggrieved under paragraph [(1)](#a-1) or [(3)](#a-3), may sue either for such [person](/usc/29/1301.md?p=a-20) or for other [persons](/usc/29/1301.md?p=a-20) 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](/usc/29/2101.md?p=a-1) 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](/usc/29/2101.md?p=a-1) ordering the [plant closing](/usc/29/2101.md?p=a-2) or [mass layoff](/usc/29/2101.md?p=a-3) and who, as a result of the failure by the [employer](/usc/29/2101.md?p=a-1) to comply with [section 2102 of this title](/usc/29/2102.md), did not receive timely notice either directly or through his or her [representative](/usc/29/2101.md?p=a-4) as required by [section 2102 of this title](/usc/29/2102.md).
- (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](/usc/29/2101.md?p=a-2) or [mass layoff](/usc/29/2101.md?p=a-3).

## Footnotes

[^1]: So in original. The comma probably should not appear.

## Source credit

(Pub. L. 100–379, § 5, Aug. 4, 1988, 102 Stat. 893.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 6 months after Aug. 4, 1988, see section 11 of Pub. L. 100–379, set out as a note under section 2101 of this title.