California Labor Code 1400.5 – The definitions set forth in this section shall govern the …
The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter:
(a) “Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons.
Terms Used In California Labor Code 1400.5
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Covered establishment: means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. See California Labor Code 1400.5
- Employer: means any person, as defined by Section 18, who directly or indirectly owns and operates a covered establishment. See California Labor Code 1400.5
- Layoff: means a separation from a position for lack of funds or lack of work. See California Labor Code 1400.5
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(b) “Employer” means any person, as defined by Section 18, who directly or indirectly owns and operates a covered establishment. A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary.
(c) “Layoff” means a separation from a position for lack of funds or lack of work.
(d) “Mass layoff” means a layoff during any 30-day period of 50 or more employees at a covered establishment.
(e) “Relocation” means the removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location 100 miles or more away.
(f) “Termination” means the cessation or substantial cessation of industrial or commercial operations in a covered establishment.
(g) (1) This chapter does not apply where the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Order 11, regulating the Broadcasting Industry, Wage Order 12, regulating the Motion Picture Industry, or Wage Order 16, regulating Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries, of the Industrial Welfare Commission, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking.
(2) This chapter does not apply to employees who are employed in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary.
(h) “Employee” means a person employed by an employer for at least 6 months of the 12 months preceding the date on which notice is required.
(Added by renumbering Section 1400 by Stats. 2022, Ch. 752, Sec. 2. (AB 1601) Effective January 1, 2023.)