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Cal-WARN, which is the state version of the federal WARN Act, is triggered by 50 or more layoffs of covered employees within a rolling 30-day window. The 60-day notice requirement also applies when the business is terminating operations or relocating its operations 100 miles or more away.
An employee has a reasonable expectation of recall when he or she understands, through notification or industry practice, that his or her employment has been temporarily interrupted and that he or she will be recalled to the same or a similar job (20 CFR Sec. 639.3).
Worker Adjustment and Retraining Notification Act (WARN) (29 USC 2100 et. seq.) - Protects workers, their families and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.
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.
Workers in every state have protections under the federal WARN Act. However, some states have also passed their own mass layoff laws. The major states with WARN Acts include California, New York, Illinois, and New Jersey. Tennessee, Wisconsin, and Iowa also have state-level 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. [29 USC; 2104 (a)].
Under the New York State Worker Adjustment and Retraining Notification Act ("NYS WARN"), private employers with 50 or more full-time employees in New York State must provide at least 90 calendar days advance written notice for the following events. Other covered reductions in work hours.
The NY WARN Act protects workers. Employers must provide a NY WARN notice to their employees or pay penalties. These include back pay and benefits for 60 days. If you've been affected by a mass layoff or plant closure, the WARN Act NY can guarantee you 60 days of pay and benefits.