Amended in Assembly April 21, 2014

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 amended, 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 begin delete employers end delete begin insert an employer end insert from ordering a mass layoff, relocation, or termination, as defined, of an industrial or commercial facility employing a prescribed number of people begin delete , end delete without first giving 60 days’ written notice begin delete , as specified, end delete to begin insert , among others, end insert affected employees and begin delete certain government agencies and officials end delete begin insert the Employment Development Department, as specified end insert .

begin delete

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

end delete

begin insert This end insert bill would require the Employment Development Department, upon receipt of the written notice, begin insert to forward a copy of the notice to the Governor’s Office of Business and Economic Development. The bill would also require the Employment Development Department and the Governor’s Office of Business and Economic Development each end insert to post the notice on begin delete its end delete begin insert their end insert Internet Web begin delete site end delete begin insert sites end insert .

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) (A) The Employment Development Department, begin delete the
Governor’s Office of Business and Economic Development, end delete 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) The Employment Development Department shall, upon
receipt of the notice, begin delete post the notice on its Internet Web site. end delete
begin insert forward a copy of the notice to the Governor’s Office of Business
and Economic Development. The Employment Development
Department and the Governor’s Office of Business and Economic
Development shall each 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.