California layoff notices

California layoff notices 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

Layoff Services

This Google&#; translation feature, provided on the Employment Development Department (EDD) website, is for informational purposes only.

The web pages currently in English on the EDD website are the official and accurate source for the program information and services the EDD provides. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the information contained in the translated website, please refer to the English version.

The EDD is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information or changes in the formatting of the pages resulting from the translation application tool.

Forms and publications provided on the EDD website cannot be translated using Google&#; Translate. Some forms and publications are translated by the department in other languages. For those forms, visit the Online Forms and Publications section.

More Information

Sours: https://edd.ca.gov/Jobs_and_Training/Layoff_Services.htm
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The Worker Adjustment and Retraining Notification Act (WARN Act) is a federal act that requires certain employers to give advance notice of significant layoffs to their employees. Layoff notice requirements are intended to give workers and their families transition time to adjust to the prospective loss of employment, to seek and obtain other employment, and, if necessary, to enter skill training or re-training programs to successfully compete in the job market.

The WARN Act 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 to affected employees, unions, and local and state governments. In order to determine how many employees an employer “has” under the WARN Act, it must count all employees at every location, not just the location where employees are being laid off. Employees entitled to notice under WARN Act include managers and supervisors, as well as hourly and salaried workers. The WARN Act requires that notice should be given to employees’ representatives, the local chief elected official, and the state dislocated worker unit. An employer who violates WARN provisions by ordering plant closings or mass layoffs without providing appropriate notice is liable to pay each aggrieved employee back pay and benefits for the period of violation, up to 60 days.

The Exceptions:

The law does provide exceptions to the requirement as stated below, based on factors beyond the control or reasonable knowledge of the employer. There are three exceptions to the notice requirements:

  1. Faltering company: When a company which is seeking capital reasonably and in good faith believes that notice would prevent the company from obtaining that capital and the capital if obtained, would allow the company to avoid or postpone the shutdown for a reasonable period.
  2. Unforeseeable business circumstances: When the plant closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time that the day notice would have been required.
  3. Natural disaster: When the plant closing or mass lay off is due to any form of natural disaster.

The Statutory Wording:

The Warn Act can be found in29 USCS § and it reads as follows:

Ҥ Notice is required before plant closings and mass layoffs
(a) Notice to employees, state dislocated worker units, and local governments. An employer shall not order a plant closing or mass layoff until the end of a day period after the employer serves written notice of such an order–

(1) to each representative of the affected employees as of the time of the notice or, if there is no such representative at that time, to each affected employee; and

(2) to the State or entity designated by the State to carry out rapid response activities under section (a)(2)(A) of the Workforce Investment Act of [29 USCS § (a)(2)(A)], and the chief elected official of the unit of local government within which such closing or layoff is to occur.

If there is more than one such unit, the unit of local government which the employer shall notify is the unit of local government to which the employer pays the highest taxes for the year preceding the year for which the determination is made.

(b) Reduction of notification period.

(1) An employer may order the shutdown of a single site of employment before the conclusion of the day period if as of the time that notice would have been required the employer was actively seeking capital or business which, if obtained, would have enabled the employer to avoid or postpone the shutdown and the employer reasonably and in good faith believed that giving the notice required would have precluded the employer from obtaining the needed capital or business.

(2) (A) An employer may order a plant closing or mass layoff before the conclusion of the day period if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable as of the time that notice would have been required.

(B) No notice under this Act [29 USCS §§ et seq.] shall be required if the plant closing or mass layoff is due to any form of natural disaster, such as a flood, earthquake, or the drought currently ravaging the farmlands of the United States.

(3) An employer relying on this subsection shall give as much notice as is practicable and at that time shall give a brief statement of the basis for reducing the notification period.

(c) Extension of layoff period. A layoff of more than 6 months which, at its outset, was announced to be a layoff of 6 months or less, shall be treated as an employment loss under this Act [29 USCS §§ et seq.] unless–

(1) the extension beyond 6 months is caused by business circumstances (including unforeseeable changes in price or cost) not reasonably foreseeable at the time of the initial layoff; and

(2) notice is given at the time it becomes reasonably foreseeable that the extension beyond 6 months will be required.

(d) Determinations with respect to employment loss. For purposes of this section, in determining whether a plant closing or mass layoff has occurred or will occur, employment losses for 2 or more groups at a single site of employment, each of which is less than the minimum number of employees specified in section 2(a)(2) or (3) [29 USCS § (a)(2) or (3)] but which in the aggregate exceed that minimum number, and which occur within any day period shall be considered to be a plant closing or mass layoff unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes and are not an attempt by the employer to evade the requirements of this Act [29 USCS §§ et seq.].

If there is more than one such unit, the unit of local government which the employer shall notify is the unit of local government to which the employer pays the highest taxes for the year preceding the year for which the determination is made.

California Law:

Almost every state has enacted legislation which prescribes the measures and procedures that must be followed when an employee is laid off from his or her job. This legislation can fall under the umbrella of statutes governing state or public employees and the states’ labor statutes. Usually, an employer has a duty to provide notice of any proposed layoff, priority of reemployment, and, sometimes, the right to continued benefits.

California has modified the federal WARN Act and incorporated it into the California Labor Code section et seq. (California WARN Act). In California, employers must comply with both the federal WARN Act as well as the California Labor Code. Id. While the federal legislation applies to business establishments that employ or more employees, the state legislation applies to “covered establishments” which are industrial or commercial facilities that have employed 75 or more employees over the preceding 12 months. Cal. Lab. Code § (a). The California WARN Act discusses notice requirement for mass layoff, relocation, or termination mandating a 60 days’ notice. Cal. Lab. Code § (a). The Act is silent about notice requirements for ordinary (non-mass) layoffs. While in the case of a lay off, an employer need not give any notice to its employees, in the case of a mass lay off a 60 days’ notice requirement is mandatory. MacIsaac v. Waste Management Collection & Recycling, Inc., Cal. App. 4th , (Cal. Ct. App. ). The California law offers less exceptions than the Federal law, it should be noted.

The California law is as follows:

Cal. Lab. Code § Notice requirements for mass layoff, relocation, or termination

(a) An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following:

(1) The employees of the covered establishment affected by the order.

(2) The Employment Development Department, the local workforce investment board, and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs.

(b) An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in its notice the elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. et seq.).

(c) Notwithstanding the requirements of subdivision (a), an employer is not required to provide notice if a mass layoff, relocation, or termination is necessitated by a physical calamity or act of war.

Conclusion:

The concept behind the law is simply beneficial and to provide to workers sufficient advance notice so that they can seek other employment and make personal financial plans. This makes good sense but it should be noted that the Federal statute recognizes certain realities of business, such as the fact that the notice could not be possible due to massive changes in business that are unforeseen and could interfere with last efforts to sell or seek financing. The California Act is not nearly so flexible at to business realities and must be carefully considered by any company with seventy five or more employees. Note that the risk is severance pay for the entire sixty days.

Before the United States business bemoans the law too greatly, note that in most of Europe such mass layoffs are not even allowed without consent of local authorities and almost always result in significant additional costs to the Company. The United States and even California remain much more friendly locales for business than most developed nations.

Sours: https://www.stimmel-law.com/en/articles/warn-act-warning-layoffs-employees-federal-and-california-law

Worker Adjustment and Retraining Act (WARN) Information for Employers

California WARN Act


What is a WARN?

A WARN is a layoff notice from an employer. These notices provide protection to employees, their families and their communities by requiring 60 days’ notice of layoffs or plant closings, giving employees time to look for other work, file for unemployment or take care of other items that could be affected by their employment status. 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.

When does an employer need to file a WARN?

In California, employers must file a WARN if there are any plant closures or layoffs that impact 50 or more workers within a day period, regardless of the size of the company as a whole. Notification of layoffs and plant closures must occur at least 60 days in advance, or be subject to fines and worker compensation. Visit the Employment Development Department (EDD) WARN website for more detailed information regarding WARNs as well as their FAQ page for answers to common questions.

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

How does an employer file a WARN?

An employer must first notify employees of the upcoming layoff at least 60 days in advance of the layoff. Then, the employer must submit a WARN to the local Workforce Development Board, local elected officials (chief elected officials of the city and county governments in which the employer is located) and EDD. For a list of WARN recipients in San Diego County, click on the sample WARN notice below.

If a layoff is occurring in San Diego County, an employer must provide notice to the San Diego Workforce Partnership, which is the local Workforce Development Board for the region. Notification or questions can be sent to the Workforce Partnership&#;s Business Services team at [email protected] 

Who do employers send the California WARN Act Notices to?

  • 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.
    • The San Diego Workforce Partnership is the Workforce Development Board for San Diego County. Submit WARN Notices via email to Peter Callstrom, President & CEO: [email protected]

What must be included in a WARN?

The contents of a WARN must include the following:

  • Name of business and address of affected employment site
  • Name, phone number and email of company official to contact for more information
  • Whether the layoff/closure will be permanent or temporary
  • The expected separation date and anticipated schedule of subsequent separations
  • Job titles of affected workers, and the number of affected workers in each classification
  • Whether bumping rights exist
  • The name/contact information of union representation/union official (if applicable)
  • For multiple affected locations, a breakdown of the number of affected workers and their job titles by each location

Click here to view a sample WARN notice.

Sours: https://workforce.org/warns/

Notices california layoff

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
DN! 23,000 California Teachers Receive Layoff Notices

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