The midwest "I" states have been moving towards enactment of state advance notice legislation. Illinois passed state legislation in 2005. Indiana has introduced such legislation during the past three legislative sessions and Iowa has introduced bills during the last two sessions.
In February, Representative Dennis Tyler authored and along with Representatives Terri Austin, John Bartlett and David Niezgodski introduced House Bill 1166 before the Indiana House of Representatives. The bill would require advance notice of business closures or mass layoffs. The bill applies to any employers of between 50 and 100 employees in the state and the definition of employers includes a company or an officer of a company. Employers are required to provide 60 days written notice of plant closings and mass layoffs. Plant closings are defined as the permanent or temporary shutdown of a single site of employment resulting in an employment loss to at least 20 employees. Mass layoffs are defined as a reduction of force resulting in an employment loss at a single site of employment to at least 20 employees. If an employer violates the bill's requirements, an aggrieved employee would be permitted to commence an action in court. Employers that violate notice requirements to municipalities can be found to have committed a Class C infraction for each day that the violation occurs. The bill is pending before the House Committee on Pensions and Labor.
In Iowa, Senate Study Bill 1055 and House Study Bill 62 have been submitted to both chambers of the state's General Assembly. The Senate Study Bill has been assigned to the Labor and Business Relations Committee and remains pending before a subcommittee of that body. The House Study bill has been now be introduced before the House of Representatives as House File 681 and has been referred to the House Labor Committee. The bills and file would require employers to provide advance notice of business closings and mass layoffs. Employers who employ 25 or more full-time workers would be covered. Business closings are defined as the permanent or temporary shutdown of a single site of employment resulting in employment loss for 25 or more workers. A mass layoff is defined as a reduction in force of 25 or more employees. Employers would be required to provide 30 days notice of business closings and mass layoffs. The state department of labor would be empowered to conduct investigations and determine violations of the Act. Violators would be liable for civil penalties of not more than $100 for each day of violation.
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