California Legislature—2013–14 Regular Session

Assembly Bill No. 1543

Introduced by Assembly Member Holden

January 23, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1543, as introduced, Holden. Employment: mass layoffs, relocations, and terminations.

Existing law creates the Governor’s Office of Business and Economic Development and requires that the office serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law prohibits employers from ordering a mass layoff, relocation, or termination, as defined, of an industrial or commercial facility employing a prescribed number of people, without first giving 60 days’ written notice, as specified, to affected employees and certain government agencies and officials.

This bill would require that an employer ordering a mass layoff, relocation, or termination also provide the written notice to the Governor’s Office of Business and Economic Development. This bill would require the Employment Development Department, upon receipt of the written notice, to post the notice on its Internet Web site.

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)  begin insert (A) end insert begin insert   end insert The Employment Development Department, begin insert the
Governor’s Office of Business and Economic Development, end insert 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.

begin insert

(B) The Employment Development Department shall, upon
receipt of the notice, post the notice on its Internet Web site.

end insert

(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) 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.