California WARN Act Explained: Worker Rights and Employer Duties

California prioritizes job security with special protections by state and federal laws that give workers advance notice for large-scale layoffs or business closures. The Worker Adjustment and Retraining Notification, or California WARN Act, imposes strict requirements on employers to notify employees of major workforce changes. It’s important to understand how this law works if you find yourself facing violations.

What Is the California WARN Act?

The California WARN Act is a state labor law that mirrors its federal counterpart but includes broader coverage and stronger worker protections. The law requires employers to provide 60 days’ written notice to affected employees before conducting a mass layoff, plant closure, or major relocation.

The purpose of this act is to give employees and their families time to prepare for the job loss, seek new work, or pursue necessary training opportunities.

Differences Between Federal and California WARN Act Laws

State and federal WARN Act laws serve the same purpose, but there are crucial distinctions between them, including:

• Employer size. The federal act includes 100+ full-time employees. The California act includes 75+ full-time or part-time employees.
• Notice requirement. Both require 60 days’ notice.
• Definition of mass layoff. The federal act specifies 50+ employees at a single site. The California act specifies 50+ employees in any 30-day period.
• Inclusion of part-time employees. The federal act does not include part-time employees. The California act does.
• Penalties. The federal act penalizes companies by asking them to give back pay and benefits. The California act penalizes companies with back pay, benefits, and certain civil penalties.

California is currently home to almost 10,000 companies that employ over 100 people. WARN data from January through July 2025 shows that 17 large California companies permanently closed, with two temporarily closing in that time.

Who Is Covered Under the California WARN Act?

Several conditions must be met for qualification under the California WARN Act. These conditions include:

• Employers with 75 or more employees, including those working part time
• Employees who have worked for at least six months of the past twelve
• Employment sites located in California

The law applies in the event of the following situations:

• Mass layoffs. When 50 or more employees are laid off within 30 days
• Plant closures. When a facility shuts down and affects any number of employees
• Relocations. When a business moves operations more than 100 miles away

If you don’t know if your situation qualifies under the above guidelines, consider hiring a WARN Act lawyer who can evaluate the specifics of your case.

Employer Responsibilities

Under the California WARN Act, employers are legally required to provide at least 60 days’ advance written notice to:

• All affected employees
• Employee representatives, including unions
• The Employment Development Department
• The local workforce investment board
• The chief elected official of the local government

The notice must include the expected date of the mass layoff, relocation, or closure. It needs to have a statement about whether the action is permanent or temporary, and include job titles and the number of affected employees. The notice should have a name and contact number for the company official who can provide additional information.

Not meeting these requirements can lead to heavy penalties, legal claims, and reputational harm.

Exceptions to the California WARN Act

There are some exceptions to the California WARN Act laws. Employers may be excused from the 60-day notice if there is a natural disaster, such as an earthquake, flood, or wildfire. Other physical calamities, including war, can make business continuation impossible, therefore, exempting the company from notifying employees.

Regardless of these exemptions, employers must still issue as much notice as possible and justify why the standard 60-day period wasn’t met.

Why You Should Choose Fulton Law Corporation as Your WARN Act Lawyer

If your job is suddenly taken without proper notice, or you’re an employer facing a complicated layoff decision, you need legal advice you can trust. Fulton Law Corporation holds a thorough understanding of California WARN Act laws. We have a reputation for successfully representing employees and employers in high-stakes cases.

Fulton Law Corporation focuses on California employment law. We pride ourselves on staying current with changing employment laws. We tailor each strategy to each specific scenario.

Our team prioritizes clear communication, explaining your rights, and keeping you informed at every step of the process.

FAQs

Q: What Is the WARN Act in California?

A: The California Worker Adjustment and Retraining Notification (WARN) Act is a state law that requires employers with 75 or more employees to provide at least 60 days’ advance notice before conducting mass layoffs, relocations, or terminations that impact 50 or more employees. This gives workers time to prepare for the loss and seek new employment or training.

Q: What Triggers the WARN Act?

A: The California WARN Act is triggered when an employer with 75 or more employees lays off 50 or more workers at a worksite in a 30-day period, permanently shuts down a factory, or relocates operations over 100 miles away. Mass terminations or plant closures also trigger actions. Failure of the workplace to report any of these events can result in liability.

Q: What Is the Minimum Severance for the WARN Act?

A: The California WARN Act does not mandate severance pay. It requires advance notice of mass layoffs, relocations, or terminations. If an employer fails to provide the required 60-day notice, they may be required to compensate affected employees up to 60 days of back pay and benefits as a penalty. This can take the place of a severance if one is not offered.

Q: Can You Be Laid Off Without Notice in California?

A: In California, you can be laid off without notice if the employer is not covered by the WARN Act or if the layoff doesn’t meet its specific thresholds. At-will employment allows either party to terminate the relationship at any time without notice. However, if the layoff qualifies under the WARN Act, the company must give 60 days’ notice or face penalties.

Hire a WARN Act Lawyer

No matter if you’ve been laid off or are planning to restructure your employees, the WARN Act attorneys of Fulton Law Corporation can help. Hire a WARN Act lawyer you can trust. Contact us today to schedule a consultation.

See Related Posts:

• California Sexual Harassment Training Requirements (2025 Updated)
• How Much Does an Employment Lawyer Cost in California?
• The Difference Between a Layoff and Furlough: How to Tell if You’re at Risk