1. Short title This Act may be cited as the Fair Warning Act of 2023 . 2. Definitions; provision of notice of site closings and mass layoffs (a) WARN Act amendments Sections 2 and 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 ; 2102) are amended to read as follows: 2. Definitions; exclusions from definition of loss of employment (a) Definitions As used in this Act: (1) Affected employee The term affected employee means a full-time or part-time employee who may reasonably be expected to experience an employment loss as a consequence of a proposed site closing or mass layoff by the employee's employer. (2) Employer (A) In general The term employer means any business enterprise of one or more entities that— (i) employs 50 or more employees, including part-time employees, in the aggregate; or (ii) has an annual payroll of at least $2,000,000. (B) Multiple entities (i) In general In the case of a business enterprise of more than one entity, the entity subject to the requirements under this Act as an employer of an affected employee shall be the entity that directly employs such employee. (ii) Parents, affiliates, and contracting companies A parent, affiliate, or contracting company of the entity described in clause (i) may also be subject to the requirements under this Act as an employer of the affected employee described in such clause based on the degree of control or integration the parent, affiliate, or contracting company exercises outside of or at the single site of employment at which the site closing or mass layoff occurred. Such control or integration shall be indicated by such factors as— (I) common ownership or financial control; (II) common directors or officers; (III) de facto exercise of control over the circumstances relating to such site closing or mass layoff; (IV) unity of personnel policies emanating from a common source