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Washington Gov. Bob Ferguson last week signed a bill into law that will require employers with 50 or more full-time employees to give a minimum of 60 days’ notice to the state, any union, and/or employees affected by mass layoffs or a business closing.
Senate Bill 5525, titled the “Securing Timely Notification and Benefits for Laid-Off Employees Act,” is similar to the federal Worker Adjustment and Retraining Notification Act.
According to the U.S. Labor Department, the federal WARN act requires employers with 100 or more employees to provide at least 60 calendar days' advance written notice of a plant closing and mass layoff affecting 50 or more employees at a single site of employment. The new Washington law applies to companies with 50 or more employees.
SB 5525 also protects employees from being included in a reduction while they are taking Washington’s paid family or medical leave.
“This notice gives workers a window of time to secure other employment, retraining or nec-essary benefits,” said Ferguson just ahead of signing the bill into law.
Sen. Annette Cleveland, D-Vancouver, was the prime sponsor.
“I bring this bill forward today because certainty and stability are important. They're important to business owners, they're important to employees and they're important to families,” said Cleveland during a Feb. 3 Senate Labor and Commerce hearing.
Cleveland said providing additional notice for employees allows time for retraining or ca-reer counseling as well.
“Advance notice of job loss allows employees time to seek new employment ... and time to make adjustments within their family budget,” she said.
During the February hearing, Brandon Anderson with SPEEA (The Society of Professional Engineering Employees in Aerospace), a union representing over 16,000 aerospace engi-neers and technical workers, testified in support of the bill.
“Over the past few months more than 600 of our members have faced the devastating reality of receiving WARN notices. While these notices bring difficult news, they've provided es-sential information that allows our members to begin tak-ing steps to protect their families and their future,” said Anderson.
According to the bill summary, “An employer who violates the WARN Act is liable to each affected employee for back pay and the amount of any lost benefits for up to 60 days. An employee alleging a violation of the WARN Act may bring a civil action in federal court. An employer who fails to provide the required notice is also subject to a civil penalty not to ex-ceed $500 for each day of violation.”
There are exceptions in the bill including if the business closing or reduction in force is based on reasons “not reasonably foreseeable at the time the notice would have been re-quired”; or the business closing or reduction in force is due to “a natural disaster,” such as a flood or earthquake.