California enacted its own Worker Adjustment and Retraining Notification (WARN) Act in 2003. In many ways, its protections are stronger than the federal WARN Act upon which it was based.
Your Rights Under the California WARN Act
The California WARN Act (CA WARN) requires at least 60 days’ notice before certain mass layoffs and shutdowns at any facility with at least 75 employees.
In the case of a partial layoff (when only some employees are let go), CA WARN requires a WARN notice when 50 or more employees are laid off within a 30-day period at any facility.
Specific features of the CA WARN Act:
- Notice before a reduction in force is required for any business with 75 or more employees: Part-time employees are included in the headcount because the California law does not distinguish between full-time and part-time employees.
- Broadened Employer Definition: The definition of an “employer” includes individuals, partnerships, corporations, or any person or group acting on behalf of an employer in relation to an employee. So, parent companies, owners, and non-owner individuals like executives who make decisions about terminations, layoffs, or furloughs may be sued for not giving 60 days’ notice.
- Broader definition of mass layoff: The threshold for what is considered a mass layoff is at least 50 employees within a 30-day period at any of the employer’s locations in the state.
- Relocation: Employees may have legal protection if a substantial amount or all industrial / commercial operations are relocated more than 100 miles away from the current location.
- 2026 WARN Notice Requirements: WARN notices must include a functioning email and telephone number for the employer. In addition, the notice must include details on CalFresh (California’s food assistance program). Also, whether the employer plans to coordinate rapid response services with the Local Workforce Development Board (LWDB).
- Limited Exceptions: The “faltering company” exception is narrower than the federal law. Employers must first obtain a statement from the California Department of Industrial Relations (DIR) before a shutdown–if they were actively seeking financing to avoid a closure – before ordering a shutdown.
Let Our California WARN Practice Benefit You:
Raisner Roupinian LLP serves employees across California from our offices in Westlake Village in Los Angeles County. In fact, we have decades of experience litigating the CA WARN Act.
Notably, Raisner Roupinian LLP recently obtained $20 million WARN settlement for former employees of Fresno-based BitWise Industries. (Prior results do not guarantee a similar outcome.)