BILL NUMBER: SB 1453	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 23, 2004
	AMENDED IN SENATE  MAY 20, 2004
	AMENDED IN SENATE  MAY 4, 2004

INTRODUCED BY   Senator Figueroa
   (Coauthors:  Senators Kuehl, Ortiz, and Romero)
   (Coauthor:  Assembly Member Jackson)

                        FEBRUARY 19, 2004

   An act to amend  Section 1401   Sections 1401
and 1403  of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1453, as amended, Figueroa.  Employment:   outsourcing
  offshoring  .
   Existing law precludes employers from ordering a mass layoff,
relocation, or termination of an industrial or commercial facility
employing a prescribed number of people, without first giving 60 days'
notice to affected employees and specified government agencies.
That law requires those employers to include in the notice the
elements required by the federal Worker Adjustment and Retraining
Notification Act.
   Existing law also provides for civil penalties against an employer
who fails to provide the required notices.
   This bill would additionally require those employers to 
give notice to the Employment Development Department of 
 include in the notice  the number of employees laid off,
relocated, or terminated as a result of  outsourcing
  offshoring  , as defined, by the employer.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1401 of the Labor Code is amended to read:
   1401.  (a) An employer may not order a mass layoff, relocation, or
termination at a covered establishment unless, 60 days before the
order takes effect, the employer gives written notice of the order to
the following:
   (1) The employees of the covered establishment affected by the
order.
   (2) The Employment Development Department, the local workforce
investment board, and the chief elected official of each city and
county government within which the termination, relocation, or mass
layoff occurs.
   (b) An employer required to give notice of any mass layoff,
relocation, or termination under this chapter shall include in its
notice the elements required by the federal Worker Adjustment and
Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.).
   (c) An employer required to give notice of any mass layoff,
relocation, or termination under this chapter shall include in its
notice  to the Employment Development Department 
the number of employees laid off, relocated, or terminated as a
result of  outsourcing by the employer.  Notwithstanding
Section 1400, for   offshoring by the employer.  For
 purposes of this subdivision,  "outsourcing" 
 "offshoring"  means employing workers located outside the
United States either directly as employees of the employer or
indirectly through contracts with contractors or subcontractors.
   (d) Notwithstanding the requirements of subdivision (a), an
employer is not required to provide notice if a mass layoff,
relocation, or termination is necessitated by a physical calamity or
act of war.   
  SEC. 2.  Section 1403 of the Labor Code is amended to read: 
   1403.  An employer who fails to give notice as required by
paragraph (2) of subdivision (a) of Section 1401  , including the
information required to be included in that notice by subdivision
(c) of Section 1401,  is subject to a civil penalty of not more
than five hundred dollars ($500) for each day of the employer's
violation.  The employer is not subject to a civil penalty under this
section, however, if the employer pays to all applicable employees
the amounts for which the employer is liable under Section 1402
within three weeks from the date the employer orders the mass layoff,
relocation, or termination.