Understanding AB 1356: Extended Notice for Mass Layoffs in California

Assembly Bill 1356 (AB 1356) brings significant changes to the notice requirements for mass layoffs, relocations, or terminations in California. This legislation, signed into law by Governor Newsom, extends the mandatory notice period from 60 days to 75 days, providing employees with additional time to prepare for the impact of workforce reductions. In this blog post, we delve into the key provisions of AB 1356 and its implications for employers and employees across the state.

Addressing the Impact of Workforce Reductions

Mass layoffs, relocations, or terminations can have profound effects on employees, their families, and the communities in which they live. Recognizing the importance of providing affected individuals with adequate notice and assistance, AB 1356 aims to mitigate the hardships associated with sudden job losses and give employees more time to plan for their futures.

Key Provisions of AB 1356

The main provisions of AB 1356 include:

• Extended Notice Period: Under AB 1356, employers planning mass layoffs, relocations, or terminations are required to provide affected employees with at least 75 days' notice before the action takes effect. This extended notice period gives employees more time to seek alternative employment, access training programs, and make necessary arrangements for their finances and families.

• Notice Requirements: Employers must comply with the notice requirements set forth in AB 1356, including providing written notice to affected employees, relevant government agencies, and employee representatives or unions, where applicable. Failure to provide adequate notice may result in penalties and legal consequences for employers.

• Worker Adjustment and Retraining Notification (WARN) Act: AB 1356 amends California's WARN Act to align with the extended notice period mandated by the legislation. Employers covered by the WARN Act must ensure compliance with both state and federal notice requirements to avoid potential liabilities.

Implications for Employers and Employees

For employers, compliance with AB 1356 is essential to avoid legal risks and liabilities associated with mass layoffs, relocations, or terminations. Implementing robust policies and procedures for workforce reductions, including timely and comprehensive notice to affected employees, can help employers navigate the complexities of AB 1356 and maintain positive relationships with their workforce.

For employees, the extended notice period provided by AB 1356 offers valuable time to explore their options, seek assistance from government agencies and community organizations, and make informed decisions about their future employment prospects. By ensuring that affected individuals receive adequate notice and support during times of workforce transition, AB 1356 promotes fairness and transparency in employment practices.

Conclusion

AB 1356 represents a significant enhancement of worker protections in California, providing employees with extended notice periods for mass layoffs, relocations, or terminations.