AB266: Bill Text

AB266,3,19 (d) This subsection does not apply to a business closing or mass layoff that is caused by a strike or lockout.

AB266, s. 4 Section 4. 109.07 (1m) (c) of the statutes is created to read:

AB266,4,6 109.07 (1m) (c) The department shall also promptly provide a copy of the notice required under par. (a) to the local workforce development board under 29 USC 2832 serving the area in which the employment site is located. By no later than 30 days after receipt of the notice, the local workforce development board shall prepare and provide to the employer a list of resources available in that area that provide career planning, job search, job skills training, and other support services for affected employees, which list shall include contact information for those resources. By no later than 14 days after an affected employee's last day of work or the date of final payment of an affected employee's wages, whichever is earlier, the employer shall provide a copy of the list to the affected employee. Any employer that violates this paragraph shall forfeit not more than $100 for each violation.

AB266, s. 5 Section 5. 109.07 (3) (a) (intro.) of the statutes is amended to read:

AB266,4,10 109.07 (3) (a) (intro.) If an employer fails to give timely notice to an affected employee as required under sub. (1m) (a), the affected employee may recover, as provided under sub. (4), all of the following:

AB266, s. 6 Section 6. 109.07 (3) (c) of the statutes is amended to read:

AB266,4,15 109.07 (3) (c) The recovery period under par. (a) begins on the day that on which the business closing or mass layoff occurs. The recovery period equals the number of days in the period beginning on the day on which an employer is required to give notice under sub. (1m) (a) and ending on whichever of the following occurs first:

AB266,4,16 1. The day that on which the employer actually gave the notice to the employee.

AB266,4,17 2. The day that on which the business closing or mass layoff occurred.

AB266, s. 7 Section 7. 109.07 (4) (a) of the statutes is amended to read:

AB266,4,25 109.07 (4) (a) An employee whose employer fails to notify timely the employee under sub. (1m) (a) may file a claim with the department. If the employee files a claim with the department no later than 300 days after the day on which the business closing or mass layoff occurred, the department shall, in the manner provided in s. 109.09, investigate the claim, determine the number of days that the employer was late in providing notice and, on behalf of the employee, attempt to recover from the employer the payment under sub. (3).

AB266, s. 8 Section 8. 109.07 (4m) (a) of the statutes is amended to read:

AB266,5,8 109.07 (4m) (a) If an employer fails to give timely notice to the highest official of a municipality as required under sub. (1m) (a), the department shall assess a business closing surcharge against the employer of not more than $500 for each day in the period beginning on the day that on which the employer was required to give notice to the highest official and ending on the earlier of the day that on which the employer actually gave notice to the highest official or the day that on which the business closing or mass layoff occurred.

AB266, s. 9 Section 9. 109.07 (5) (a) (intro.) of the statutes is amended to read:

AB266,5,12 109.07 (5) (a) (intro.) An employer is not liable under this section for a failure to give notice to any person under sub. (1m) (a), if the department determines all of the following:

AB266, s. 10 Section 10. 109.07 (5) (a) 1. of the statutes is amended to read:

AB266,5,16 109.07 (5) (a) 1. When the notice under sub. (1m) (a) would have been timely given, that the employer was actively seeking capital or business to enable the employer to avoid or postpone indefinitely the business closing or mass layoff.

AB266, s. 11 Section 11. 109.07 (5) (a) 2. of the statutes is amended to read:

AB266,5,20 109.07 (5) (a) 2. That the employer reasonably and in good faith believed that giving the notices to all parties required under sub. (1m) (a) would have prevented the employer from obtaining the capital or business.

AB266, s. 12 Section 12. 109.07 (6) (intro.) of the statutes is amended to read:

AB266,5,24 109.07 (6) (intro.) An employer is not liable under this section for a failure to give notice to any person under sub. (1m) (a), if the department determines that the business closing or mass layoff is the result of any of the following:

AB266, s. 13 Section 13. 560.15 (1) (b) 1. of the statutes is amended to read:

AB266,6,2 560.15 (1) (b) 1. The department of workforce development under s. 109.07 (1m) (a).

AB266, s. 14 Section 14. 560.71 (1) (e) 4. e. of the statutes is amended to read:

AB266,6,7 560.71 (1) (e) 4. e. An employer in the vicinity of the area has given public notice under s. 109.07 (1m) (a) of either a business closing or a mass layoff of at least 25 employees, or 25% of the employees, of a business, whichever is greater, that will result in a number of workers in the area being laid off permanently.

AB266, s. 15 Section 15. 560.797 (2) (a) 4. e. of the statutes is amended to read:

AB266,6,12 560.797 (2) (a) 4. e. An employer in the vicinity of the area has given public notice under s. 109.07 (1m) (a) of either a business closing or a mass layoff of at least 25 employees, or 25% of the employees, of a business, whichever is greater, that will result in a number of workers in the area being laid off permanently.

AB266, s. 16 Section 16. Initial applicability.

AB266,6,16 (1) Business closings or mass layoffs; provision of support services information. This act first applies to business closing and mass layoff notices provided on the effective date of this subsection.

AB266,6,17 (End)