20250AB__253097AMD INTRODUCED 2026-02-20 AMENDED_ASSEMBLY 2026-03-19 AMENDED_ASSEMBLY 2026-04-13 2025 AB AMD Introduced by Assembly Member Caloza LEAD_AUTHOR ASSEMBLY Caloza

An act to amend Sections 1400.5 and of the Labor Code, relating to employment. employment Employment: Cal/WARN Act: plant closings and mass layoffs. Existing law, the California Worker Adjustment and Retraining Act (Cal/WARN Act), among other things, prohibits an employer from ordering 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 employees affected by the order and to the Employment Development Department and certain local officials.

Existing law requires the notice to contain specified information and makes an employer who fails to give the required notice liable to each employee entitled to notice who lost their employment for back pay and the value of the cost of any benefits to which the employee would have been entitled had their employment not been lost, as provided. Existing law also makes an employer subject to civil penalties, as provided, for each day of the employer’s violation.

Existing law defines “employer” for these purposes to mean any person, as defined, who directly or indirectly owns and operates a covered establishment and defines “covered establishment” to mean any industrial or commercial facility or part thereof that employs, or has employed within the preceding months, 75 or more persons. This bill would add “public agency” to the

definitions of employer and covered establishment, thereby making the Cal/WARN Act applicable to public agencies. The bill would, in the case of a sale of part or all of an employer’s business, make the seller responsible for providing the notice for any mass layoff, relocation, or termination up to and including the effective date of the sale, and make the purchaser responsible for providing the notice following the effective date of the sale. The bill would make other technical and conforming changes.

Existing law, the California Worker Adjustment and Retraining Act (Cal/WARN Act), prohibits a call center employer from ordering a relocation of its call center, or one or more of its facilities or operating units within a call center, unless notice of the relocation is provided, as described.</xhtml:p><xhtml:p>This bill would additionally prohibit, under the Cal/WARN Act, an employer, as defined, from ordering a plant closing or mass layoff, as defined, until the end of a 60-day period after the employer serves written notice of such an order to specified persons, including affected employees, as described and except as provided.

The bill would require a noncompliant employer to provide each aggrieved employee, as described, specified backpay for each day of the violation and benefits under an employee benefit plan, including medical expense costs, as described. The bill also impose, if an employer fails to provide notice to a unit of local government, as defined, a civil penalty of not more than $500 each day, except as provided.

The would provide methods for reducing a noncompliant employer’s liability and for enforcing the employer’s liability in court.</xhtml:p><xhtml:p>This bill would require the department, upon appropriation by the Legislature, to adopt rules and regulations necessary to implement the bill’s provisions, as described, and to submit to the labor committees of the Assembly and Senate a report containing a detailed and objective analysis of the effect of this

article on employers, the economy, and employees, as described. The bill would encourage employers that are not required to comply to provide notice pursuant to the bill’s provisions. The bill would make related technical changes.</xhtml:p>"?> MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 1400.5 of the Labor Code is amended to read: 1400.5. (

a) The

definitions set forth in this

section shall govern the construction and meaning of the terms used in this chapter: (a)</xhtml:p>"?> (1 ) “Covered establishment” means any public agency or industrial or commercial faci lity, or part thereof, that employs, or has employed within the preceding months, 75 or more persons. (2) “Employee” means a person employed by an employer for at least months of the months preceding the date on which notice is required. (b)</xhtml:p>"?> (3 ) “Employer” means any public agency or person, as defined by

Section 18, who directly or indirectly owns and operates a covered establishment.

A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary. (c)</xhtml:p>"?> (4 ) “Layoff” means a separation from a position for lack of funds or lack of work. (d)</xhtml:p>"?> (5 ) “Mass layoff” means a layoff during any 30-day period of or more employees at a covered establishment. (6) “Public agency” means any state agency, department, board, or commission, any county, city and county, city, regional agency, district, or other political subdivision. (e)</xhtml:p>"?> (7 ) “Relocation” means the removal of all or substantially all of the operations in a covered establishment to a different location miles or more away. (f)</xhtml:p>"?> (8 ) “Termination” means the cessation or substantial cessation of operations in a covered establishment. (g)</xhtml:p>"?> (b )

(1) This

chapter does not apply where the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Order 11, regulating the Broadcasting Industry, Wage Order 12, regulating the Motion Picture Industry, or Wage Order 16, regulating Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries, of the Industrial Welfare Commission, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking.

(2) This

chapter does not apply to employees who are employed in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary. (h)<xhtml:span class="EnSpace"/>“Employee” means a person employed by an employer for at least months of the months preceding the date on which notice is required.</xhtml:p>"?>

SEC. 2 .

Section 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 development 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 the notice whether the employer plans to coordinate services, such as a rapid response orientation, through the local workforce development board, the employer plans to coordinate services through a different entity, or the employer does not plan to coordinate services with any entity.

(1) Regardless of whether the employer chooses to coordinate services with the local workforce development board or another entity, the employer shall include in the notice a functioning email and telephone number of the board and the following description of the rapid response activities offered by the local workforce development board in accordance with

Chapter 32 (commencing with

Section 3102) of Title of the United States Code: “Local Workforce Development Boards and their partners help laid off workers find new jobs. Visit an America’s Job Center of California location near you. You can get help with your resume, practice interviewing, search for jobs, and more. You can also learn about training programs to help start a new career.”

(2) If the employer chooses to coordinate services with the local workforce development board or another entity, the employer shall arrange services within days from the date of the notice. (

d) An employer required to give notice of any mass layoff, relocation, or termination under this

chapter shall include in the notice a description of the statewide food assistance program known as CalFresh (Chapter 10 (commencing with

Section 18900) of Part of Division of the Welfare and Institutions Code), the CalFresh benefits helpline, and a link to the CalFresh internet website. (

e) An employer required to give notice of any mass layoff, relocation, or termination under this

chapter shall include in the notice a functioning email and telephone number of the employer for contact. (

f) 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. (

g) In the case of a sale of part or all of an employer’s business, the seller shall be responsible for providing notice for any mass layoff, relocation, or termination under this

chapter in accordance with this

section up to and including the effective date of the sale.

Following the effective date of the sale, the purchaser shall be responsible for providing the notice. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED_AND_RENUMBERED" xlink:href="urn:caml:codes:LAB:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1400.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 1400.5 of the <caml:DocName>Labor Code</caml:DocName> is amended and renumbered to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_4C81C529-CDE7-442A-B9C3-DC2424EB7B08"><caml:Num>1409.</caml:Num><caml:LawSectionVersion id="id_D2064D97-5803-49B1-B0D2-4B4CD3AFBA92"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>This

article shall apply to an employer’s relocation of a call center, as defined in this article.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The following

definitions shall apply to this article:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>“Call center” means a facility or other operation where employees, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>“Call center employer” means an employer of a covered establishment, as those terms are defined, who operates a call center.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>“Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding months, 75 or more persons.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>“Employee” means a person employed by an employer for at least months of the months preceding the date on which notice is required.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>“Employer” means any person, as defined by

Section 18, who directly or indirectly owns and operates a covered establishment.

A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>“Layoff” means a separation from a position for lack of funds or lack of work.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>“Mass layoff” means a layoff during any 30-day period of or more employees at a covered establishment.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>“Relocation of a call center” includes when the employer intends to move its call center, or one or more facilities or operating units within a call center comprising at least percent of the call center’s or operating unit’s total volume when measured against the average call volume for the previous months, or substantially similar operations to a foreign country.</xhtml:p><xhtml:p>(9)<xhtml:span class="EnSpace"/>“Termination” means the cessation or substantial cessation of industrial or commercial operations in a covered establishment.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>This

article does not apply where the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Order 11, regulating the Broadcasting Industry, Wage Order 12, regulating the Motion Picture Industry, or Wage Order 16, regulating Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries, of the Industrial Welfare Commission, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>This

article does not apply to employees who are employed in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_50DB07EA-A9DD-4ADE-B2AC-660764E845FF"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_REPEALED" xlink:href="urn:caml:codes:LAB:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1409.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Labor Code</caml:DocName> is repealed.</caml:ActionLine><caml:Fragment/></caml:BillSection><caml:BillSection id="id_18EDAFB8-CFB0-4D23-AA31-657D9A43D8BD"><caml:Num>SEC. 3.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:LAB:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D)" xlink:label="fractionType: LAW_SPREAD||commencingWith: 1415" xlink:type="locator">Article 4 (commencing with

Section 1415) is added to

Chapter of Part of Division of the <caml:DocName>Labor Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawHeading id="id_C4C2AD9E-0A09-4BCA-A7C2-D959F317CF9D" type="ARTICLE"><caml:Num>4.</caml:Num><caml:LawHeadingVersion id="id_5BBB5857-6BA6-4BCB-A86B-C0417B008EFB"><caml:LawHeadingText>Plant Closings and Mass Layoffs</caml:LawHeadingText></caml:LawHeadingVersion><caml:LawSection id="id_7305574D-9726-4349-8243-3CA6CFE94C51"><caml:Num>1415.</caml:Num><caml:LawSectionVersion id="id_A707C0DF-7944-4879-AE95-CD9E1FD3A312"><caml:Content><xhtml:p>The following

definitions shall apply to this article:</xhtml:p><xhtml:p>(a)<xhtml:span class="EnSpace"/>“Affected employee” means an employee who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>“Aggrieved employee” means an employee who has worked for the employer ordering the plant closing or mass layoff and who, as a result of the failure by the employer to comply with the notice requirement of this article, did not receive timely notice either directly or through their representative.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>“Department” means the Employment Development Department.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>Subject to

Section 1415.1, “employment loss” means any of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>An employment termination, other than a discharge for cause, voluntary departure, or retirement.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A layoff exceeding six months.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>A reduction in hours of work of more than percent during each month of any six-month period.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>“Employer” means any public agency, person, as defined in

Section 18, or any other entity that satisfies either of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Employs or more employees, excluding part-time employees.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Employs or more employees who, in the aggregate, work at least 4,000 hours per week, excluding hours of overtime.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A parent corporation shall be an “employer” as to any facility, operating unit, or site of employment directly owned and operated by its corporate subsidiary.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>“Mass layoff” means a reduction in force that is not the result of a plant closing and that results in an employment loss at the single site of employment during any 30-day period satisfying either of the following criteria:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>At least percent of employees, totaling at least employees, experience employment loss.

This number shall exclude part-time employees.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>At least employees, excluding part-time employees, experience employment loss.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>“Part-time employee” means an employee who is employed for an average of fewer than hours per week or who has been employed for fewer than of the months preceding the date on which notice is required by this article.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>“Plant closing” means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for or more employees, excluding any part-time employees.</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>“Public agency” means the state and any political subdivision of the state, including any city, county, city and county, or special district.</xhtml:p><xhtml:p>(j)<xhtml:span class="EnSpace"/>“Representative” means an exclusive representative of employees.</xhtml:p><xhtml:p>(k)<xhtml:span class="EnSpace"/>“Unit of local government” means a local public agency.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_91D35D44-06AE-49F3-B357-F9D0507A764B"><caml:Num>1415.1.</caml:Num><caml:LawSectionVersion id="id_B8FF2306-AE9C-4B7D-95BD-A935CAD3C67B"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>In the case of a sale of part or all of an employer’s business, the seller shall be responsible for providing notice for any plant closing or mass layoff in accordance with

Section 1415.2 up to and including the effective date of the sale. Following the effective date of the sale, the purchaser shall be responsible for providing notice for any plant closing or mass layoff.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Notwithstanding any other provision of this article, any natural person who is an employee of the seller, other than a part-time employee, as of the effective date of the sale shall be considered an employee of the purchaser immediately after the effective date of the sale.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Notwithstanding the definition of “employment loss” in

Section 1415, an employee shall not be considered to have experienced an “employment loss” if the plant closing or mass layoff is the result of a relocation or consolidation of part or all of the employer’s business and, prior to the closing or layoff, the employer does either of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a six-month break in employment.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The employer offers to transfer the employee to any other site of employment regardless of distance with no more than a six-month break in employment, and the employee accepts within days of the offer or of the plant closing or mass layoff, whichever is later.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_5C922D87-BFEF-49C6-BB3C-C00889153DCA"><caml:Num>1415.2.</caml:Num><caml:LawSectionVersion id="id_CB2B2DCE-1D27-43F4-B3DC-BB830CCBFA31"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>An employer shall not order a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of such an order to all of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>To each representative of the affected employees as of the time of the notice or, if there is no such representative at that time, to each affected employee.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>To the department.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>To the chief elected official of the unit of local government within which the plant closing or mass layoff is to occur.

If there is more than one applicable unit of local government, the employer shall notify the chief elected official of the unit of local government to which the employer pays the highest taxes for the taxable year preceding the taxable year for which the determination is made.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Notwithstanding subdivision (a), an employer may order the shutdown of a single site of employment before the conclusion of the 60-day period if, as of the time such notice would have been required, the employer was actively seeking capital or business which, if obtained, would have enabled the employer to avoid or postpone the shutdown and the employer reasonably and in good faith believed that giving the notice required would have precluded the employer from obtaining the needed capital or business.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>Notwithstanding subdivision (a), an employer may order a plant closing or a mass layoff before the conclusion of the 60-day period if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable as of the time that notice would have been required.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Notwithstanding subdivision (a), notice under this

article shall not be required if the plant closing or mass layoff is due to any form of natural disaster, including, but not limited to, a flood, earthquake, or drought.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>An employer relying on this subdivision shall provide as much notice as is practicable and at that time shall give a brief statement of the basis for reducing the notification period.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>A mass layoff of more than six months that was announced, at its outset, to be a layoff of six months or less, shall be treated as an employment loss under this

article unless both of the following are satisfied:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The extension beyond six months is caused by business circumstances, including, but not limited to, unforeseeable changes in prices or cost, not reasonably foreseeable at the time of the initial layoff.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Notice is given at the time it becomes reasonably foreseeable that the extension beyond six months will be required.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>For purposes of this section, in determining whether a plant closing or mass layoff has occurred or will occur, employment losses for two or more groups at a single site of employment, each of which is less than the minimum number of employees but which in the aggregate exceed that minimum number, and which occur within any 90-day period shall be considered to be a plant closing or mass layoff, unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes and are not an attempt by the employer to evade the requirements of this article.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_6AF98F31-0134-49D1-80A7-16BD997C55C5"><caml:Num>1415.3.</caml:Num><caml:LawSectionVersion id="id_BD62165F-1C25-4CA7-BFBF-4C9E6BAB7AFE"><caml:Content><xhtml:p>Notwithstanding any other provision of this article, this

article shall not apply to a plant closing or mass layoff if any of the following apply:</xhtml:p><xhtml:p>(a)<xhtml:span class="EnSpace"/>The plant closing is of a temporary facility and the affected employees were hired with the understanding that their employment was limited to the duration of the facility.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The plant closing or mass layoff is the result of the completion of a particular project or undertaking and the affected employees were hired with the understanding that their employment was limited to the duration of the project or undertaking.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>The plant closing or layoff constitutes a strike or constitutes a lockout not intended to evade the requirements of this article.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>This

article shall not be construed to require an employer to serve written notice pursuant to

Section 1415.2 when permanently replacing a person who is deemed to be an economic striker under the National Labor Relations Act (29 U.S.C.

Sec. 151 et seq.). This

article also shall not be construed to validate or invalidate any judicial or administrative ruling relating to the hiring of permanent replacements for economic strikers under the National Labor Relations Act.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_A91265C7-33C6-47F8-BF81-77C359FB5440"><caml:Num>1415.4.</caml:Num><caml:LawSectionVersion id="id_9F408CC7-5FB1-4A60-A9B2-78EC218D3F21"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Subject to the other provisions of this subdivision, an employer who orders a plant closing or mass layoff in violation of this

article shall be liable to each aggrieved employee who suffers an employment loss as a result of the plant closing or mass layoff for both of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Backpay for each day of violation at a rate of compensation of the higher of the following:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>The average regular rate received by the employee during the last three years of the employee’s employment.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>The final regular rate received by the employee.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Benefits under an employee benefit plan, including the cost of medical expenses incurred during the employment loss that would have been covered under an employee benefit plan if the employment loss had not occurred.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>Liability under paragraph (1) shall be calculated for the period of the violation up to a maximum of days, but not for more than one-half the number of days the employee was employed by the employer.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>The amount for which an employer is liable under paragraph (1) shall be reduced by all of the following:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Any wages paid by the employer to the employee for the period of the violation.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>Any voluntary and unconditional payment by the employer to the employee that is not required by any legal obligation.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>Any payment by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf of and attributable to the employee for the period of the violation.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Any liability incurred under paragraph (1) with respect to a defined benefit pension plan may be reduced by crediting the employee with service for all purposes under such a plan for the period of the violation.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Any employer who violates the notice provision of this

article with respect to a unit of local government shall be subject to a civil penalty of not more than five hundred dollars ($500) for each day of the violation. However, this penalty shall not apply if the employer pays to each aggrieved employee the amount for which the employer is liable to that employee within three weeks from the date the employer orders the plant closing or mass layoff.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>If an employer that has violated this

article proves to the satisfaction of the court that the act or omission that violated this

article was acting in good faith and that the employer had reasonable grounds for believing the act or omission was not a violation of this article, the court may, in its discretion, reduce the amount of the liability or penalty provided for in this section.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>A person seeking to enforce the employer’s liability under this subdivision, including, but not limited to, a representative of employees or a unit of local government that did not receive notice, may sue on behalf of themselves, on behalf of other persons similarly situated, or both, in superior court in the jurisdiction in which the violation is alleged to have occurred, or in which the employer transacts business.

In any such suit, the court, in its discretion, may grant to the prevailing party reasonable attorney’s fees as part of the costs.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>A court shall not have the authority to enjoin a plant closing or mass layoff under this article.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>The remedies provided for in this

section shall be the exclusive remedy for any violation of this article.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The rights and remedies provided to employees by this

article are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies. However, the period of notification required by this

article shall run concurrently with any period of notification required by contract or any other law.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>Provision of notice under this

article with good faith compliance shall not constitute a violation of the National Labor Relations Act (29 U.S.C.

Sec. 151 et seq.) or the Railway Labor Act (45 U.S.C.

Sec. 151 et seq.)</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_EE006567-7FD9-485C-B6E1-2519BF52F616"><caml:Num>1415.5.</caml:Num><caml:LawSectionVersion id="id_5E2EF40D-E20A-4651-9239-BF9D577085DB"><caml:Content><xhtml:p>An employer that is not required to comply with the notice requirements of this

article is encouraged to provide, to the extent possible, notice to its employees about a proposal to close a plant or permanently reduce its workforce.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_D82BFA04-CAA5-4274-BD86-206F7B1FDFED"><caml:Num>1415.6.</caml:Num><caml:LawSectionVersion id="id_8CDD123D-61F8-4A1B-AFE8-61132FE60D39"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>The department shall adopt rules and regulations necessary to implement this article.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The rules and regulations shall include, among other things, descriptions of the methods by which employers may provide for appropriate service of notice under this article.

Those methods shall include, but are not limited to, mailing of notice to an employee’s last known address or inclusion of notice in the employee’s paycheck.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_7BA7D7EB-F709-4FA4-A80C-A54E9638A782"><caml:Num>1415.7.</caml:Num><caml:LawSectionVersion id="id_AB9594FD-7B47-4898-A9D1-3D8159D88CB5"><caml:Content><xhtml:p>The department shall submit to the labor committees of the Assembly and Senate a report containing a detailed and objective analysis of the effects of this

article on employers, with an emphasis on small- and medium-sized businesses, the economy with respect to international competitiveness, and employees in terms of levels and conditions of employment.

The department shall assess both costs and benefits, including the effect on productivity, competitiveness, unemployment rates and compensation, and worker retraining and readjustment.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection><caml:LawSection id="id_EFAC6616-26FC-44A7-8F35-E8C846DB8F4F"><caml:Num>1415.8.</caml:Num><caml:LawSectionVersion id="id_09AB279B-213A-46AF-8A61-C3F48679FCA9"><caml:Content><xhtml:p>The department’s duties under this

article shall be effective upon appropriation of the Legislature for purposes of administering this article.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:LawHeading></caml:Fragment></caml:BillSection>"?>