The Work Sharing program helps you avoid layoffs by reducing hours while we pay partial benefits. You keep your team, and save on hiring and training later.
Worker Adjustment and Retraining Notification Act FAQs
Below are common questions about the Worker Adjustment and Retraining Notification (WARN) Act.
Note: The suspension of the 60-day notice requirement ended July 1, 2021, per Executive Order N-08-21.
You can find California labor market data from the EDD Labor Market Information Division (LMID).
Requests for more labor market services and questions should be addressed to the LMID. You can contact the LMID for more information.
The WARN Report is published every Tuesday and Thursday, except on holidays.
Federal WARN requirements
Contracted employees who work for another employer and are paid by that employer are not counted as affected if the company lays off its employees.
Sources: 20 CFR 639.3(e), Page 352 & Department of Labor WARN Employer’s Guide, Page 5
Part-time or seasonal employees are workers :
- Who work fewer than 20 hours per week on average.
- Who have worked less than 6 of the 12 months before the notice is required, including full-time workers.
Part-time workers are not counted when deciding if there has been a plant closure or mass layoff, but they must still get a WARN notice if one is given.
Sources: 20 CFR 639.3(h), Page 353 & Department of Labor WARN Employer’s Guide, Page 4
California WARN requirements
Employees who have worked at least 6 months in the 12 months before the WARN Notice is required are counted when deciding if there’s a mass layoff, plant closure, or relocation at a covered company.
Source: California Labor Code, Section 1400(d)&(h)
The single site of employment for workers whose main job requires travel, who are based in different locations, or whose main job is outside any regular employer work sites (like railroad workers, bus drivers, or salespeople) is one of the following:
- The location the employee is assigned work.
- The location where the employee reports.
- The location assigned to the employee as their home base.
Sources: 20 CFR 639.3(i)(6), Page 353 & Department of Labor WARN Employer’s Guide, Page 36.
Yes. The employer must give a WARN Notice to all affected employees, the EDD, the Local Area, and the chief elected official of each city and county where the termination, relocation, or mass layoff occurs.
Contact your Local Area to get the contact information for the chief elected officials you need to notify.
Source: California Labor Code, Section 1401.