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NOTE: On March 17, 2020, California Governor Gavin Newsom issued Executive Order N-31-20 relieving California employers of some of the notice requirements under California's Mini-WARN Act.
Under the federal WARN Act, employers are required to provide written advance notice in the event of either a plant closing or a mass layoff. Both of these events are specifically defined under the Act.
The offices of each employer will be its single site of employment; Separate buildings or areas that are not directly connected but are in close proximity and which share staff and equipment.
General Provisions of the Federal and California WARN Laws An 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.
No Notice Required Under California law, an employer doesn't have to give notice if the job losses were due to a physical calamity or an act of war.
WARN Act - Overview. WARN protects employees, their families, and communities by requiring employers to give a 60-day notice to the affected employees and both state and local representatives before a plant closing or mass layoff.
Under federal WARN Act, an employer must provide written notice 60 days prior to a plant closing or mass layoff to employees or their representative and the state dislocated worker unit (in California, the Employment Development Department, Workforce Services Division).
California WARN applies to terminations, mass layoffs, or relocations, at covered establishments. A covered establishment is any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons.
Under federal WARN Act, an employer must provide written notice 60 days prior to a plant closing or mass layoff to employees or their representative and the state dislocated worker unit (in California, the Employment Development Department, Workforce Services Division).