Senator Lakesia Collins (5^th District) introduced legislation to regulate and limit employers’ ability to make employment decisions for their businesses.

Requires “just cause” to lay off employees

SB 3052, the “Secure Jobs Act,” would prohibit employers from laying off an employee without “just cause.”

It defines “just cause” as: “(1) an employee’s failure to effectively perform his or her job duties or to comply with employer policies; (2) an employee’s egregious misconduct; or (3) bona fide economic reasons.”

The employer would be required to provide laid-off workers with written explanations for the discharge and “shall bear the burden of proving just cause.”

An employer could not lay off an employee due to failure to satisfactory perform job duties “unless the employer has used progressive discipline.”

An employee could not be laid off for refusing “to work under conditions that the employee reasonably believes would expose him or her, other employees, or the public to an unreasonable health and safety risk.” The bill does not define “an unreasonable health and safety risk.”

Mandates employers provide significant severance pay to discharged employees

The “Secure Jobs Act” would also grant severance pay to all non-union employees. Per SB 3052, an employee would “accrue an entitlement to one hour of severance pay for every 12.5 hours worked during his or her first 2,080 hours of employment, and one hour for every 50 hours worked thereafter.” These hours would be paid out as severance pay at the employee’s rate of pay at the time of his or her discharge.

Does not apply to union employees

The proposed legislation does not apply to union employees.

Grants unions and other non-injured groups the right to sue employers and pocket civil fines and legal fees

Violations of the proposed act would be subject to fines, lawsuits, and enforcement actions by non-injured parties.

Non-profits and labor unions would be permitted to sue employers for alleged violations. They would receive up to 40% of the civil penalties assessed along with “reasonable attorneys’ fees, expert fees, and other costs.”