Employment: Cal/WARN Act: plant closings and mass layoffs.
What changed between versions
The entire Penal Code amendment (Section 701, relating to information of threatened offense) was removed from the bill, narrowing it to a single employment topic.
Public agencies are now explicitly covered under the Cal/WARN Act. The definitions of 'covered establishment' and 'employer' in Section 1400.5 now include 'public agency,' defined as any state agency, department, board, or commission, any county, city and county, city, regional agency, district, or other political subdivision.
A new Section 1401 requires employers (including public agencies) to give 60 days written notice before ordering a mass layoff, relocation, or termination at a covered establishment. Notice must go to affected employees, the Employment Development Department, the local workforce development board, and the chief elected official of each affected city and county.
Notices under new Section 1401 must include: elements required by the federal WARN Act, whether the employer plans to coordinate services with the local workforce development board, a description of CalFresh (the statewide food assistance program) with helpline and website link, and a functioning email and phone number for the employer.
New Section 1401(f) exempts employers from notice if a mass layoff, relocation, or termination is necessitated by a physical calamity or act of war.
New Section 1401(g) clarifies that in the case of a sale of part or all of an employer's business, the seller is responsible for notice up to and including the effective date of the sale, and the purchaser is responsible after that date.
Section 1400.5 was restructured to separate general Cal/WARN definitions (covered establishment, employee, employer, layoff, mass layoff, public agency, relocation, termination) from the call center-specific provisions, which remain in a separate article with their own definitions that do not include public agencies.
The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now requires fiscal committee review, likely due to the new obligations imposed on public agencies.