California Labor Code

§ 1402

LAB § 1402 Effective Jan 1, 2003Div. 2 · Part 4 · Ch. 4 · Art. 1

Statute text

(a)An employer who fails to give notice as required by paragraph (1) of subdivision (a) of Section 1401 before ordering a mass layoff, relocation, or termination is liable to each employee entitled to notice who lost his or her employment for:

(1)Back pay at the average regular rate of compensation received by the employee during the last three years of his or her employment, or the employee’s final rate of compensation, whichever is higher.

(2)The value of the cost of any benefits to which the employee would have been entitled had his or her employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan.

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Legislative history

Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.