Amended
IN
Senate
March 20, 2023 |
Introduced by Senator Smallwood-Cuevas |
February 16, 2023 |
Existing law provides that an employer, with certain exceptions, may not order a mass layoff, relocation or termination, as defined, at a covered establishment unless the employer gives written notice of the order to the employees of the covered establishment affected by the order and specified entities, including the Employment Development Department and the local workforce investment board.
(a)An employer that is a grocery establishment as defined in subdivision (d) of Section 2502 where the change in control as described in subdivision (a) of Section 2502 is a merger may not order a mass layoff, relocation, or termination at a covered establishment unless, 180 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 investment 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)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.
(d)If the grocery establishment that is the subject of the mass layoff is located in a geographic area designated by United States Department of Agriculture as a food desert, the notice required by subdivision (a) shall also be served upon the Department of Justice, the State Department of Public Health, and the State Department of Social Services.