Navigating the WARN Act California

Introduction 

The Worker Adjustment and Retraining Notification popularly referred to as the WARN Act requires advance notice for covered layoffs, plant relocations and closures. Federal and California rules differ. In this blog, we will discuss the protections outlined under the state of California, some exceptions to the law, and how to file a claim. This is general information, not case-specific legal advice. 

California WARN Act Requirements 

To understand the nitty gritty of the California WARN Act, a good suggestion is to section it out into subcategories. Below, we have partitioned the California requirements into frequently asked questions to allow you to navigate your concerns with ease. 

Sources for this summary: California EDD’s WARN guidance and FAQs, and DIR’s Cal-WARN guidance.

Who Does the WARN Act Affect? 

The WARN Act in the State of California is only applicable to ‘covered establishments’. This refers to establishments that employ or have employed 75 or more full and part-time employees in the preceding 12 months. 

Employees are furthermore required to have been employed for at least six months in the twelve months before notice is required to be counted. 

When is a company required to give notice? 

At covered establishments, layoffs of a minimum of 50 employees within a 30-day period regardless of the percentage of the workforce require notice.

Plant closures and relocation of at least 100 miles affecting any number of employees equally require notice. Call-center relocation to a foreign country also requires notice, regardless of workforce percentage affected. 

Where is the Notice Posted?

California requires covered establishments to give written notice to affected employees, the Employment Development Department (EDD), the local workforce development board and the chief elected official of each city and county government within which the termination, relocation or mass layoff occurs. EDD’s public report does not replace delivery of employee notices. 

California provides a list of company notices on its website. 

When Must Notice Be Delivered?

The California WARN Act requires notice to be received at least 60 days before the covered event.

New for 2026, notices must state whether the employer will coordinate worker services with the local workforce board, another organization, or not at all. Include local-board contact details and Rapid Response service descriptions, plus CalFresh program information, its helpline (1-877-847-3663) and a link to www.BenefitsCal.com. See EDD’s full current requirements through the website link above; this is a summary, not a notice template.

Exceptions to the California WARN Act

In addition to understanding the requirements behind the California WARN Act, it is important to be cognisant of its exclusions. 

Short-Term Contracted Projects

The WARN Act does not apply to layoffs or closures upon completion of a particular project or undertaking if employees were hired with the understanding that employment was limited to its duration. This applies only to employers subject to Wage Orders 11, 12 or 16 that regulate industries in motion picture, construction, drilling, logging and mining. 

Seasonal Employment 

Employees hired under the understanding that their employment is seasonal and temporary are exempted from notice requirements.

Physical Calamity or Act of War 

Mass layoffs, relocations or plant closures necessitated by physical calamities or an act of war do not require notice.

Capital or Business Pursuits 

Under multiple and specific conditions a notice of relocation or termination is not required if the employer submits documents to the Department of Industrial Relations and DIR determines that the employer was actively seeking capital or business and a WARN notice would have precluded obtaining that capital or business. This exception does not apply to mass layoffs. 

Violation Penalties

If an establishment is found to be non-compliant, employees may receive back pay at the given employee’s final rate or 3-year average rate of compensation, whichever is higher. There is additionally a possible civil penalty of $500 a day for each day of violation. 

The employer is further liable for the value of benefits the employee was entitled to and any medical expenses that would have been covered under the employee benefit plan. 

Employers are liable for the violation period, up to the smaller period between 60 days and half the number of days the employee was employed. Specified payments may reduce liability. 

Filing a WARN Act Violation Claim in California

It is important to utilize the laws provided to us by our respective states. If you feel as though your rights under the WARN have been violated, consider your next steps. EDD handles employer notices and public reports; contact DIR for violation reporting and enforcement. The Labor Commissioner can investigate; civil action may be available. Ensure to collect employment dates, received notices and employment records to help assess compliance. If you feel unsure or uncertain, it is wise to contact a qualified California employment lawyer about applicability, exceptions and remedies. 

Conclusion

The state of California has expanded on the initial Federal WARN Act to provide additional coverage to its residents. It is important to take advantage of these resources and educate yourself on your rights. And as always remember knowing your rights is taking back your power.