Countdown To Barack Bottom? (Part 2 of 3)

Modifications to the WARN Act:

Obama has supported modifications to the Worker Adjustment and Retraining Notification Act or “WARN Act” which requires employers to provide advance notice of covered plant closings and covered mass layoffs. The modifications to the WARN Act or the “ForeWARN” Act would amend the WARN Act statute by:

1. 1. requiring employers with 50 or more employees to provide such notice (currently the Federal WARN Act requires employers with 100 or more employees to provide such notice); and
2. increasing the amount of required notice from 60 to 90 days.

The bill also doubles the amount of back pay employees would be entitled to recover if FOREWARN’s requirements are not met.

http://my.barackobama.com/page/community/blog/chuckrodgers

Note: California WARN Act already applies to employers with 75 employees.

Potential changes to OSHA:

According to his website, “Barack Obama will increase funding for the Occupational Safety and Health Administration, including more job site inspections and grants for safety and health training programs for small business employers, and employees and workers in high-risk jobs such as construction. Obama is also a proud cosponsor of the Protecting America’s Workers Act. The legislation would increase penalties for safety violations that result in a worker’s injury or death, expand Occupational Safety and Health Administration protections to the 8.5 million public workers who are currently left to fend for themselves, protect whistleblowers who expose unsafe working conditions, increase accountability by giving workers greater access to Labor Department investigators and require that employers pay for the safety equipment their workers need.”

http://my.barackobama.com/page/content/laborissues

COUNSEL TO MANAGEMENT:

In today’s troubled economic times, the WARN Act is becoming increasingly important. Management need not look further than the saga at Republic Windows to see the importance of the WARN Act. California employers with 75 or more employees are already required to comply with California’s own state WARN Act provisions. However, the proposed reduction would obviously affect many more businesses.

Expected changes in OSHA will mean employers will see even more scrutiny when it comes to dealing with worker safety. The Protecting America’s Workers Act will free up countless more OSHA employees for the “oversight” of worker safety programs.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100 in Salinas.