Us Code § 2623 - Employment effects
Full text of Us Code United States Code § 2623 — Employment effects, with citation guidance and answers to common questions.
§ 2623. Employment effects
(a) In general
The Administrator shall evaluate on a continuing basis the potential effects on employment (including reductions in employment or loss of employment from threatened plant closures) of—
(1) the issuance of a rule or order under section 2603, 2604, or 2605 of this title, or
(2) a requirement of section 2604 or 2605 of this title.
(b) Investigations
(1) Any employee (or any representative of an employee) may request the Administrator to make an investigation of—
(A) a discharge or layoff or threatened discharge or layoff of the employee, or
(B) adverse or threatened adverse effects on the employee's employment,
allegedly resulting from a rule or order under section 2603, 2604, or 2605 of this title or a requirement of section 2604 or 2605 of this title. Any such request shall be made in writing, shall set forth with reasonable particularity the grounds for the request, and shall be signed by the employee, or representative of such employee, making the request.
(2)(A) Upon receipt of a request made in accordance with paragraph (1) the Administrator shall (i) conduct the investigation requested, and (ii) if requested by any interested person, hold public hearings on any matter involved in the investigation unless the Administrator, by order issued within 45 days of the date such hearings are requested, denies the request for the hearings because the Administrator determines there are no reasonable grounds for holding such hearings. If the Administrator makes such a determination, the Administrator shall notify in writing the person requesting the hearing of the determination and the reasons therefor and shall publish the determination and the reasons therefor in the Federal Register.
(B) If public hearings are to be held on any matter involved in an investigation conducted under this subsection—
(i) at least five days' notice shall be provided the person making the request for the investigation and any person identified in such request, and
(ii) each employee who made or for whom was made a request for such hearings and the employer of such employee shall be required to present information respecting the applicable matter referred to in paragraph (1)(A) or (1)(B) together with the basis for such information.
(3) Upon completion of an investigation under paragraph (2), the Administrator shall make findings of fact, shall make such recommendations as the Administrator deems appropriate, and shall make available to the public such findings and recommendations.
(4) This section shall not be construed to require the Administrator to amend or repeal any rule or order in effect under this chapter.
(Pub. L. 94–469, title I, §24, Oct. 11, 1976, 90 Stat. 2045; renumbered title I, Pub. L. 99–519, §3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, §19(p), June 22, 2016, 130 Stat. 510.)
Editorial Notes
Amendments
2016—Subsec. (b)(2)(B)(ii), (iii). Pub. L. 114–182 redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: "such hearings shall be held in accordance with section 2605(c)(3) of this title, and".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.
About This Section
15 U.S.C. § 2623 is part of Title 15 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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