California Layoff Protection Act details

----http://www2.calaborfed.org/userfiles/doc/2010/legislative/WARN_Comparison.pdf

 

On January 1, 2003, the California Layoff Protection Act took effect. This law is modeled on the federal WARN Act (Worker Adjustment and Retraining Notification), which requires certain employers provide its employees 60-day notice of a layoff or closing.

Details on the two laws: Item	Federal WARN	California Layoff Protection
Length of notice	60 days	60 days
When the law applies: when a covered employer has a mass layoff or a plant closing
Covered employer	100 employees over past 12 months (an employee is a person employed at least 6 of last 12 months and works average of at least 20 hours a week for that employer)	75 employees over past 12 months (an employee is a person employed for at least 6 or last 12 months – including employees working less than 20 hours a week)
Mass layoff	A layoff of 50 or more full-time employees if the layoff affects 33% of the full-time workforce at a single site, or a layoff of 500 or more people at a single site, all during a 30-day period	A layoff of 50 or more employees regardless of size of business, at a single site, during a 30-day period
Plant closing	A plant closing resulting in layoff of 50 or more full-time employees at a single site, during a 30-day period	A termination or substantial termination of activity at a site resulting in layoff of 50 or more people
Exemptions: a company may be all or partially exempt if it can prove the following
Unusual circumstances	Unforeseeable business circumstance; natural disaster; company reasonably believed giving notice would affect chances of obtaining capital or business that it was actively seeking	Act of physical calamity or war; company reasonably believed giving notice would affect chances of obtaining capital or business that it was actively seeking
Project-based or seasonal employment	Temporary facility or completion of a particular project if employees hired with that understanding	Completion of project in broadcasting, motion picture, or certain construction, drilling, logging and mining industries, or seasonal employment, if employees were hired with that understanding
Notice: notice to workers must be mailed to current address or inserted in paycheck
Who gets notice	All employees whose employment may be affected; state dislocated worker unit; union officer; CEO of local government	Same as federal plus local Workforce Investment Board

The California Act improves on WARN in two main ways: it covers smaller employers and allows workers to sue in non-federal courts. Workers can receive back pay under both laws. Any payments recovered under either law would not reduce UI payments.

所有跟帖： 

• 有的公司可以提前60天通知你, 到了两个月后才让你走了, 走的那天给你两星期的package,也不违法. -ca2004- ♀ (0 bytes) () 07/26/2013 postreply 12:20:01

• 要是公司当天通知你, 当天就让你走人, 那么, 不给两个月的package,看看这个法律, 再说. -ca2004- ♀ (0 bytes) () 07/26/2013 postreply 12:22:56