California Worker Adjustment and Retraining Notification (WARN) Act
 
															 
															California and federal Worker Adjustment and Retraining Notification (WARN) laws require employers to provide advance notice to workers in the event of qualifying mass layoffs or plant closures.
California’s WARN Act applies to “covered establishments” (workplaces with 75 or more employees in the last 12 months) and defines a “mass layoff” as the termination of 50 or more employees at a covered establishment within a 30-day period. Employers must provide 60 days' written notice before such layoffs. Failure to comply may result in liability for back pay, benefits, and potential penalties under the Private Attorneys General Act (PAGA).
The federal WARN Act covers employers with 100 or more full-time employees or 100 or more employees working at least 4,000 hours per week. It defines a “plant closure” as the shutdown of a single site resulting in the loss of employment for 50 or more full-time employees within 30 days. A “mass layoff” is defined as the loss of at least 33% of full-time employees (minimum 50 employees) or 500 full-time employees within a 30-day period. The federal law also requires a 60-day notice and provides similar remedies to those under California law.
Anti-discrimination and anti-retaliation laws also apply to mass layoffs. Employers cannot use these events as an excuse to discriminate against protected classes of employees, such as older workers, employees with disabilities, or pregnant workers. Such practices, even within the context of a legitimate reduction in force (RIF), are illegal.
If you or someone you know did not receive advance notice as part of a mass layoff or RIF, contact us immediately.
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