K-J Layoffs Forwarded to Labor Commission For Investigation
The California Department of Industrial Relations has confirmed to Wine Industry Insight that, after its preliminary examination of the Jackson Family Winery layoff situation they have forwarded information to the California Labor Commissioner’s Office for possible violations of the state Worker Adjustment and Retraining Notification (WARN) requirements.
A representative for the Department of Industrial Relations told WII Tuesday afternoon that “the matter will be investigated. We take matters such as this one very seriously.”
Following several credible tips over the past weekend that the action might be taken Wine Industry Insight published a short article Monday in its Overheard section.
U.S. labor regulations closely parallel California’s, but there is no word on whether the federal government is investigating as well.
60-DAY ADVANCED WARNING REQUIRED
According to the California Employment Development Department (EDD), “WARN provides protection to employees, their families, and communities by requiring employers to give affected employees and other state and local representatives notice 60 days in advance of a plant closing or mass layoff. Advance notice provides employees and their families some transition time to adjust to the prospective loss of employment, to seek and obtain alternative jobs and, if necessary, to enter skills training or retraining that will allow these employees to successfully compete in the job market.”
SIZE, EMPLOYMENT HISTORY, LAYOFF SPAN TRIGGER PROVISIONS
The EDD said that 60-day warnings are required for companies with “75 or more employees full or part-time. As under the federal WARN, employees must have been employed for at least 6 months of the 12 months preceding the date of required notice in order to be counted.
In addition, according to EDD, the WARN provisions also apply to “Plant closing, layoff or relocation of 50 or more employees within a 30-day period regardless of percentage of work force. Relocation is defined as a move to a different location more than 100 miles away.”
Posted by lperdue on Feb 3rd, 2009
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