Warn act california 2020

Warn act california 2020 DEFAULT

Worker Adjustment and Retraining Notification (WARN)
Information for Employers

En español

The California WARN Act requires covered employers to provide advance notice to employees affected by plant closings and mass layoffs. Covered employers should continue to file a WARN even if you cannot meet the day timeframe due to COVID

The suspension of the day notice requirement ended July 1, , per Executive Order N

For questions regarding the California WARN law, contact the Department of Industrial Relations.

WARN Overview

Per Chapter 4, Part 4, Sections of the Labor Code, WARN protects employees, their families, and communities by requiring that employers give a day notice to the affected employees and both state and local representatives prior to a plant closing or mass layoff. Advance notice provides employees and their families time to transition and adjust to the prospective loss of employment, time to seek alternative jobs and, if necessary, time to obtain skills training or retraining to successfully compete in the job market. For more information, visit WARN Frequently Asked Questions.

How Do I File a WARN Notice?

When notifying employees prior to a plant closing or mass layoff, any reasonable method of delivery that ensures receipt of notice at least 60 days before is acceptable (e.g., first class mail, personal delivery with optional signed receipt, etc.). Insertion of notice into pay envelopes is another viable option; however, a ticketed or preprinted notice regularly included in each employee’s paycheck or pay envelope does not meet the requirements.

Your Local Workforce Development Areas (Local Areas) will assist you in contacting the chief elected officials in those communities affected by the planned layoff or closure. Visit the Local Area listing for more information.

To file a WARN notice, email [email protected] With the email, provide the following:

The notification (as an attachment or within the body of the email) and contact information in the event that more information is needed. Attachments should be compatible with Microsoft Office or Adobe Reader software. Employer may request acknowledgment of the receipt of their notification by adding the request to the email. Please include the name of the employer in the subject of the email.

What Happens After an Employer Files a WARN Notice?
(Rapid Response Teams)

The EDD has established Rapid Response Teams to assist employers and workers during a mass layoff or plant closing. These teams, facilitated through America’s Job Center of CaliforniaSM (AJCC) locations, are a cooperative effort between the Local Area and the EDD. This team disseminates information about the adult and dislocated worker services available under Title I of the Workforce Innovation and Opportunity Act and through the AJCC, and Unemployment Insurance programs. If the dislocation is the result of foreign competition or foreign relocation, the dislocated worker may be eligible for assistance, income support, job search assistance/relocation, and/or training under the Trade Adjustment Assistance (TAA) Program.

Form and Content of Notice

The content of WARN notices delivered to required parties is listed in Title 20 Code of Federal Regulations Section There is no prescribed form to file a WARN.

All notices must be submitted in writing to the EDD and the chief elected official of the local government, and must include the following:

  • Name and address of the employment site where the plant closing or mass layoff will occur.
  • Name and phone number of a company official to contact for further information.
  • Statement as to whether the planned action is expected to be permanent or temporary and, if the entire plant is to be closed.
  • Expected date of the first separation, and the anticipated schedule for subsequent separations.
  • Job titles of positions to be affected, and the number of employees to be laid off in each job classification.
  • For multiple lay-off locations, provide a breakdown of the number of affected employees and their job titles by each lay-off location.
  • Indication as to whether or not bumping rights exist.
  • Name of each union representing affected employees.
  • Name and address of the chief elected officer of each union.

Listing of Filed WARN Notices

On a continuous basis, the EDD expeditiously processes WARN notices filed by employers and notifies the Local Area, as well as other local government entities, of reported layoffs. Also, the processing of a WARN notice activates the local Rapid Response team.

The WARN reports are generated by the CalJOBSSM system and cover the basic information on notices the EDD receives, including dates, company name, city, number of employees affected and type of closure/layoff. For detailed information on a specific WARN record, please submit a Public Records Act request through the EDD’s Ask EDD page by selecting the Public Records Request category.

WARN Report: WARN notices processed from July 1, , to present (XLSX).

Listing of WARN Notices from previous years:

  • WARN Report from July 01, through June 30, (PDF)
  • WARN Report from July 01, through June 30, (PDF)
  • WARN Report from July 01, through June 30, (PDF)
  • WARN Report from July 01, through June 30, (PDF)
  • WARN Report from July 01, through June 30, (PDF)
  • WARN Report from July 01, through June 30, (PDF)
  • WARN Report from July 01, through June 30, (PDF)

Disclaimer: Employers self-report to EDD the information contained on the posted WARN reports and, it is the latest available data at the time the layoff and closure reports are posted.

Note: WARN reports are available in Adobe Portable Document Format (PDF). You may need to download the free Adobe Reader to view and print linked documents.

General Provisions of the Federal and California WARN Laws

Employers should review both the Federal WARN law and the California WARN law for a full understanding of the notification requirements.

Below is a side-by-side chart that provides the general parameters of the law:


CategoryFederal WARNCalifornia WARN
Covered EmployersApplicable only to employers with or more full-time employees who must have been employed for at least 6 months of the 12 months preceding the date of required notice in order to be counted. (29 USC and 20 CFR )Applicable to a “covered establishment” that employs or has employed in the preceding 12 months, 75 or more full and part-time employees. As under the federal WARN, employees must have been employed for at least 6 months of the 12 months preceding the date of required notice in order to be counted. [California Labor Code Section (a) and (h)]
Plant Closing or Layoff Requiring NoticePlant closings involving 50 or more employees during a day period. Layoffs within a day period involving 50 to full-time employees constituting at least 33% of the full-time workforce at a single site of employment. Layoffs of or more are covered regardless of percentage of workforce. (29 USC, et seq., and 20 CFR )Plant closure affecting any amount of employees. Layoff of 50 or more employees within a day period regardless of % of workforce. Relocation of at least miles affecting any amount of employees. [California Labor Code Section (d)-(f)]
Legal JurisdictionEnforcement of WARN requirements through United States district courts. The court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. (29 USC , et seq)Suit may be brought in “any court of competent jurisdiction”. The court may award reasonable attorney’s fees as part of costs to any prevailing plaintiff. The California WARN law is in the Labor Code and the authority to investigate through the examination of books and records is delegated to the Labor Commissioner. (California Labor Code Sections and )
Employer LiabilityAn employer who violates the WARN provisions is liable to each employee for an amount equal to back pay and benefits for the period of the violation, up to 60 days, but no more than half the number of days the employee was employed by the employer. [29 USC; (a)].A possible civil penalty of $ a day for each day of violation. Employees may receive back pay to be paid at employee’s final rate or 3 year average rate of compensation, whichever is higher. In addition, employer is liable for cost of any medical expenses incurred by employees that would have been covered under an employee benefit plan. The employer is liable for period of violation up to 60 days or one-half the number of days the employee was employed whichever period is smaller. (California Labor Code Section )
Notice RequirementsAn Employer must provide written notice days prior to a plant closing or mass layoff to employees or their representative, the State dislocated worker unit (the Employment Development Department, Workforce Services Division in California), and the chief elected official of local government within which such closing or layoff is to occur. (29 USC, ; 20 CFR )An employer must give notice days prior to a plant closing, layoff or relocation. In addition to the notifications required under federal WARN, notice must also be given to 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. (California Labor Code Section )
Exceptions and Exemptions to Notice Requirements

Regular Federal, State, local and federally recognized Indian tribal governments are not covered.
(29 USC, (a); 20 CFR )

The following situations are exempt from notice:

There is an offer to transfer employee to a different site within a reasonable commuting distance.
(29 USC, (b) (2); 20 CFR )

The closure is due to unforeseeable business circumstances, a natural disaster.
(29 USC, ; 20 CFR )

The closing or layoff constitutes a strike or constitutes a lockout not intended to evade the requirement of this chapter.
[29 USC, (2)]

California WARN does not apply when the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Orders 11, 12 or 16, regulating the Motion Picture Industry, or Construction, Drilling, Logging and Mining Industries, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking.
[California Labor Code Section (g)]

The notice requirements do not apply to employees involved in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary.
[California Labor Code Section (g)(2)]

Notice is not required if a mass layoff, relocation or plant closure is necessitated by a physical calamity or act of war.
[California Labor Code Section (c)]

Notice of a relocation or termination is not required where, under multiple and specific conditions, the employer submits documents to the Department of Industrial Relations (DIR) and the DIR determines that the employer was actively seeking capital or business, and a WARN notice would have precluded the employer from obtaining the capital or business. (California Labor Code Section ) This exception does not apply to notice of a mass layoff as defined in California Labor Code Section (d).
[California Labor Code Section (d)]

Contact the WARN Act Coordinator

For more information about WARN-related services, contact the Employment Development Department’s WARN Act Coordinator at [email protected] or your designated Local Workforce Development Area.

Request for WARN Records

For Public Records requests, visit Ask EDD and select the Public Records Request category. For all media inquiries, contact the EDD’s Communications Office. WARN requests will be processed within 10 days from receiving your request.

Additional Resources

Contact the Department of Industrial Relations regarding the enforcement of the California WARN law.

A Guide to Advance Notice of Closings and Layoffs provides additional information about the Federal WARN Act.

Sours: https://edd.ca.gov/Jobs_and_Training/Layoff_Services_WARN.htm

Labor & Employment Law Blog

The California Worker Adjustment and Retraining Notification (WARN) Act (Labor Code Section et seq.) sets forth procedural requirements that a covered employer must follow prior to a mass layoff, relocation, or termination.  On March 17, , California Governor Gavin Newsom issued Executive Order N, concerning COVID and the conditional suspension of certain requirements under California WARN.  The Order can be found here, and you can read our prior analysis about the Order’s effect on commercial drivers here.  Governor Newsom ordered the Labor and Workforce Development Agency to provide guidance about the suspension of the WARN requirements.

coronavirus image

On March 23, , the California Department of Industrial Relations, the Labor and Workforce Development Agency, and the Employment Development Department provided the following guidance on the conditional suspension of the California WARN Act.

(1)  Is there a change to the day notice requirement in the California WARN Act because of the COVID pandemic?

Yes.  The day notice requirement is temporarily suspended for employers that satisfy the Order’s specific conditions.  The suspension is intended to permit employers to act quickly in order to mitigate or prevent the spread of coronavirus.

(2)  What impact does the Executive Order have on an employer’s ability to close an establishment (temporarily or permanently) because of COVID?

An employer may close down a business to prevent or mitigate effects of the COVID pandemic without providing the statutory day notice.  For purposes of the California WARN Act, a closure may occur in one of three ways:

  • A mass layoff: a layoff during any day period of 50 or more employees at a covered establishment.
  • A relocation: the removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location miles or more away.
  • A termination: the cessation or substantial cessation of industrial or commercial operations in a covered establishment.

(3)  What conditions must an employer satisfy to qualify for the Executive Order’s suspension of the California WARN Act’s day notice requirement?

An employer seeking to rely on the Executive Order’s suspension of the California WARN Act’s day notice requirement must satisfy all of following conditions:

  • (1) The employer’s mass layoff, relocation or terminationmust be caused by COVIDrelated “business circumstances that were not reasonably foreseeable at the time that notice would have been required.”
  • (2) The employer must provide written notices to: affected employees; all representatives of the affected employees (g., unions); the 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.
  • (3) The employer must provide written notice that satisfies the following requirements:
    • The notice gives as much notice as is practicable (e., reasonably possible) at the time notice is given to employees and their representatives.
    • Provides a brief statement as to why the day notification could not be met.
    • Includes the following statement: “If you have lost your job or been laid off temporarily, you may be eligible for Unemployment Insurance (UI). More information on UI and other resources available for workers is available at ca.gov/coronavirus
    • Includes the following information:
      • Name and address of the employment site where the closing or mass layoff will occur.
      • Name and phone number of a company official to contact for further information.
      • Statement as to whether the planned action is expected to be permanent or temporary and, if the entire location is to be closed, a statement to that effect.
      • Expected date of the first separation, and the anticipated schedule for subsequent separations.
      • Job titles of positions to be affected, and the number of employees to be laid off in each job classification.
      • In the case of layoffs occurring at multiple locations, a breakdown of the number and job titles of affected employees at each location.
      • An indication as to whether or not bumping rights exist.
      • Name of each union representing affected employees, if any.
      • Name and address of the chief elected officer of each union, if applicable.

(4)  How do I send the California WARN Act Notices?

To Employees – the required notice should be sent via any reasonable method of delivery that ensures receipt by the affected employee (e.g., first class mail, personal delivery, email, etc.)

To the EDD – the required notice should be emailed to [email protected], and the email should include the following information:

  • The notice (as an attachment or within the body of the email).
  • Contact information for an employer representative in the event the EDD needs more information.

To the Local Workforce Development Board and Chief Elected Officials – Employers should contact their Local Workforce Development Areas (Local Areas) for specific assistance and contact information.

(5)  How do I know if I am an employer covered by the California WARN Act?

The Act is applicable to employers that employ, or have employed in the preceding 12 months, 75 or more full-time or part-time workers.

(6)  What should an employer do with respect to notice if a closure occurred on or after March 4, but before the Executive Order was issued on March 17, ?

The COVID state of emergency began on March 4, .  Between that date and the issuance of the Executive Order, because the California WARN Act was not subject to suspension, employers should have been providing notice as specified under the Act.  Now that the Executive Order is in effect, an employer seeking to avail itself of the suspension must satisfy the conditions specified in the Executive Order (described in response to Question (3) above).  The guidance does not provide for any sort of “cure” method for inadequate notice provided by an employer affected by COVID

(7)  Do I still need to send a WARN Notice to EDD given the Executive Order suspending the day notice requirement?

Yes.  The Executive Order does not eliminate the written notice requirement, it only reduces the notice period and requires an employer to provide as much notice as practicable.  An employer who orders a mass layoff, relocation or termination without any written notice could be subject to liability under the California WARN Act.

(8)  If an employer fails to give any notice at all on the basis that the layoff or closure is due to a “physical calamity,” will that employer be shielded from liability?

It depends.  The administrative guidance provided is that an employer may only avail itself of the physical calamity exception, and provide no notice to affected employees whatsoever, if it can prove it meets the definition of a physical calamity.  Therefore, an employer would need to prove that the COVID pandemic is a physical calamity.  However, there are currently no precedential cases interpreting what constitutes a physical calamity for purposes of the California WARN Act and given the suspension of the day notice requirement, an employer can provide notice to affected employees on a shorter timetable so long as they meet the applicable conditions.

(9)  How long is the California WARN Act temporarily suspended?

The Executive Order suspends the California WARN Act from March 4, through the end of the state of emergency declared as a result of the threat of COVID  As of the writing of this blog, there is no known end date.

As you are aware, things are changing quickly and there is no clear-cut authority or bright line rules.  This is not an unequivocal statement of the law, but instead represents our best interpretation of where things currently stand.  This summary does not address the potential impacts of the numerous other local, state and federal orders that have been issued in response to the Covid pandemic, including, without limitation, potential liability should an employee become ill, requirements regarding family leave, sick pay and other issues.

For more legal insights visit our Coronavirus (COVID) page.

*This alert is provided for information purposes only and does not constitute legal advice and is not intended to form an attorney client relationship. Please contact your Sheppard Mullin attorney contact for additional information.*

Sours: https://www.laboremploymentlawblog.com//03/articles/coronavirus/california-warn-act-notice-requirements/
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Plant Closings and Layoffs

The Worker Adjustment and Retraining Notification Act (WARN) protects workers, their families, and communities by requiring employers with or more employees (generally not counting those who have worked less than six months in the last 12 months and those who work an average of less than 20 hours a week) to provide at least 60 calendar days advance written notice of a plant closing and mass layoff affecting 50 or more employees at a single site of employment. WARN makes certain exceptions to the requirements when layoffs occur due to unforeseeable business circumstances, faltering companies, and natural disasters. Advance notice gives workers and their families some transition time to adjust to the prospective loss of employment, to seek and obtain other jobs, and if necessary, to enter skill training or retraining that will allow these workers to compete successfully in the job market. Regular federal, state, local, and federally-recognized Indian Tribal government entities that provide public services are not covered.

Employees entitled to notice under WARN include managers and supervisors, as well as hourly and salaried workers. WARN requires that notice also be given to employees' representatives, the local chief elected official, and the state dislocated worker unit.

DOL's Employment and Training Administration administers WARN but has no enforcement role in seeking damages for workers who did not receive adequate notice of a layoff or received no notice at all. Some states also have their own plant closure laws. Employers considering a layoff can contact the State Dislocated Worker Unit to find out more information on notice requirements in their state.

Webpages on this Topic

Worker Adjustment and Retraining Notification (WARN) Act Guide to Advance Notice of Closings and Layoffs

WARN Fact Sheet

Laws and Regulations on this Topic

Worker Adjustment and Retraining Notification Act (WARN) (29 USC et. seq.) - Protects workers, their families and communities by requiring most employers with or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.

20 CFR - WARN regulations administered by DOL's Employment and Training Administration.

Related Topics

Sours: https://www.dol.gov/general/topic/termination/plantclosings

Guidance on Conditional Suspension of California WARN Act Notice Requirements under Executive Order N

  • Is there a change to the day notice requirement in the California WARN Act because of the COVID pandemic?
  • Yes. Governor Newsom issued Executive Order N, which temporarily suspends the day notice requirement in the California WARN Act for those employers that give written notice to employees and satisfy other conditions. The suspension was intended to permit employers to act quickly in order to mitigate or prevent the spread of coronavirus.

    The Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. The Executive Order only suspends the California WARN Act’s day notice requirement for those employers that satisfy the Order’s specific conditions.

  • What impact does the Executive Order have on an employer’s ability to close an establishment (temporarily or permanently) because of COVID?
  • Recognizing that employers have had to rapidly close down their businesses to prevent or mitigate the effects of the COVID pandemic, but have not been able to provide their employees the usual advanced notice of at least 60 days, the Executive Order provides a conditional suspension of the usual day notice requirement.

    For purposes of the California WARN Act, covered establishments must provide written notice prior to:

    • A mass layoff:  a layoff during any day period of 50 or more employees at a covered establishment (Lab. Code § (d).)
    • A relocation: the removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location miles or more away (Lab. Code § (e).)
    • A termination: the cessation or substantial cessation of industrial or commercial operations in a covered establishment (Lab. Code § (f).)
  • What conditions must an employer satisfy to qualify for the Executive Order’s suspension of the California WARN Act’s day notice requirements?
  • An employer seeking to rely on the Executive Order’s suspension of the California WARN Act’s day advance notice requirement must satisfy the following three conditions:

    (1) The employer’s mass layoff, relocation or termination must be caused by COVIDrelated “business circumstances that were not reasonably foreseeable at the time that notice would have been required.”

    Note: The Executive Order states that such “business circumstances” should be understood to be consistent with the identical exemption under the federal WARN Act. Exec. Order N § 2(iii) (noting 29 U.S.C. § (b)(2)(A) and 20 C.F.R. § (b)). Notably, the U.S. Department of Labor has interpreted such “business circumstances” to include “[a] government ordered closing of an employment site that occurs without prior notice.” 20 C.F.R. § (b).

    (2) The employer must provide written notices to:

    1. Employees affected by the mass layoff, relocation or termination;
    2. 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.

    (3) The employer must provide written notice that satisfies the following requirements:

    1. Give as much notice as is practicable (i.e., reasonably possible) at the time notice is given.
    2. Note: The Executive Order provides that this condition should be read to be consistent with its usage in the federal WARN Act. Exec. Order N § 2(ii) (noting 29 U.S.C. § (b)(3)). Thus, case law interpreting this provision of the federal WARN Act can provide guidance. See, e.g., Carlberg v. Guam Indus. Servs., WL , at *3 (D. Guam Sept. 30, ) (citing cases).

    3. Provide a brief statement as to why the day notification period could not be met.
    4. Include the following information in the notice to each affected employee:
      1. A statement as to whether the planned action is expected to be permanent or temporary and, if the entire location is to be closed, a statement to that effect
      2. The expected date when the plant closing or mass layoff will commence and the expected date when the individual employee will be separated
      3. An indication whether or not bumping rights exist
      4. The name and telephone number of a company official to contact for further information
      5. The following statement: “If you have lost your job or been laid off temporarily, you may be eligible for Unemployment Insurance (UI). More information on UI and other resources available for workers is available at labor.ca.gov/coronavirus”
      6. The notice may include additional information useful to the employees such as, if the planned action is expected to be temporary, the estimated duration, if known.
    5. Include the following information in the notices separately provided to the 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:
    6. i. Name and address of the employment site where the closing or mass layoff will occur.

      ii. Name and phone number of a company official to contact for further information.

      iii. Statement as to whether the planned action is expected to be permanent or temporary and, if the entire location is to be closed, a statement to that effect.

      iv. Expected date of the first separation, and the anticipated schedule for subsequent separations.

      v. Job titles of positions to be affected, and the number of employees to be laid off in each job classification.

      vi. In the case of layoffs occurring at multiple locations, a breakdown of the number and job titles of affected employees at each location.

      vii. An indication as to whether or not bumping rights exist.

      viii. Name of each union representing affected employees, if any.

      ix. Name and address of the chief elected officer of each union, if applicable.

      x. The notice may include additional information useful to the employees such as, if the planned action is expected to be temporary, the estimated duration, if known.

      Note: Please provide all of the information listed above to ensure timely processing of WARNs, and to limit the number of requests for additional information from a covered establishment.

      Note: The Executive Order states that the written notices must meet the requirements of Labor Code Section (b). Labor Code (b) requires that an employer include in its notices the elements required by the federal WARN Act, which are listed in (3)(c) and (3)(d) above. See 29 C.F.R. §

    Notably, the federal WARN Act requires notices to any representatives of employees affected (such as their union). Federal law requires the following information in the notice to any representatives of employees affected:

    1. The name and address of the employment site where the plant closing or mass layoff will occur, and the name and telephone number of a company official to contact for further information
    2. A statement as to whether the planned action is expected to be permanent or temporary and, if the entire plant is to be closed, a statement to that effect
    3. The expected date of the first separation and the anticipated schedule for making separations
    4. The job titles of positions to be affected and the names of the workers currently holding affected jobs
    5. The notice may include additional information useful to the employees such as information on available dislocated worker assistance, and, if the planned action is expected to be temporary, the estimated duration, if known.
  • How do I send the California WARN Act notices?
  • To Employees. When providing the required notice, any reasonable method of delivery that ensures receipt of notice is acceptable (e.g., first class mail, personal delivery with optional signed receipt, electronic mail, etc.).

    To EDD. Please send an email to [email protected]. Please provide the following information in the e-mail to EDD:

    • The notice (as an attachment or within the body of the e-mail); and
    • Contact information for an employer representative in the event that EDD needs information.
    • The name of the employer in the subject of the email.

    Attachments should be compatible with Microsoft Office or Adobe Reader software.

    An employer may request acknowledgment of the receipt of their notification by including a request for acknowledgement in the e-mail.

    To the Local Workforce Development Board and Chief Elected Officials. Your Local Workforce Development Areas (Local Areas) will assist you in contacting the chief elected officials in those communities affected by the planned layoff or closure. Visit the Local Area listing by county website for information on how to contact your Local Area Board.

  • How do I know if I am an employer covered by the California WARN Act?
  • The California WARN Act is applicable to employers that employ, or have employed in the preceding 12 months, 75 or more full-time or part-time workers. Lab. Code § (a).

  • What should an employer do with respect to notice if a closure occurred on or after March 4, but before the Executive Order was issued on March 17, ?
  • The COVID state of emergency began on March 4, Between that date and the issuance of the Executive Order, because the California WARN Act was not subject to suspension, employers should have been providing notice as specified under the Act. Now that the Executive Order is in effect, an employer seeking to avail itself of the suspension must satisfy the conditions specified in the Executive Order (described in response to Question (3) above).

  • Do I still need to send a WARN Notice to EDD given the Executive Order suspending the day notice requirement?
  • Yes. The Executive Order does not eliminate the written notice requirement—it only reduces the notice period. An employer is required to give as much notice as is practicable (i.e., reasonably possible) at the time notice is given. Employers who order a mass layoff, relocation or termination without any written notice could be subject to liability under the California WARN Act.

  • If an employer fails to give any notice at all on the basis that the layoff or closure is due to a “physical calamity,” will that employer be shielded from liability?
  • Only if the employer can prove that the claimed physical calamity actually meets the definition of a “physical calamity.” The Executive Order does not affect the California WARN Act’s so-called “physical calamity” exemption. Lab. Code § (c). That exemption permits an employer to avoid providing any notice altogether. To avail itself of the exemption, an employer would need to prove that the COVID pandemic is a “physical calamity.” However, there are currently no precedential cases interpreting what constitutes a “physical calamity” for purposes of the California WARN Act.

    By contrast, the Executive Order temporarily suspends the usual day requirement for those employers that provide notice to affected employees and fulfills the Executive Order’s other conditions. The employer would not have to demonstrate that the COVID pandemic is a “physical calamity” if they follow the conditions of the Executive Order.

  • How long is the California WARN Act temporarily suspended by the Executive Order?
  • The Executive Order’s suspension of the California WARN Act is for the period that begins March 4, through the end of the state of emergency declared as a result of the threat of COVID

  • Where can I find more information for employers and employees in California about COVID?
  • Additional information and other resources are available at:
    labor.ca.gov/coronavirus
    Sours: https://www.dir.ca.gov/dlse/WARN-FAQs.html

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    Employee Protection - Federal and California WARN Act

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