In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this tenth day of the holidays, my labor and employment attorney gave to me: ten lords a-leaping and AB 1601.
The California Worker Adjustment and Retraining (WARN) Act became law in 1989. It was designed to protect employees, their families, and communities by requiring employers to provide a 60-day notice to the affected employees—as well as both state and local representatives—before a plant closing or mass layoff. Accordingly, qualified employers are prohibited from ordering a mass layoff, relocation, or termination, as defined, at a covered establishment, as defined, without giving written notice of the order to certain parties and entities. These parties include the employees, the Employment Development Department, and specified local officials. The Labor Commissioner has authority in any investigation or proceeding under provisions governing the relocation, termination, or mass layoff of employees to examine the books and records of an employer.
The WARN Act defines a "covered establishment" as any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. An employer is any person who directly or indirectly owns and operates a covered establishment, which includes a parent corporation that owns and operates a covered...
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