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Worker Adjustment and Retraining Notification (WARN)

WARN Act - Overview

The WARN Act requires employers to give 60-days’ notice before a mass layoff, plant closure, or relocation. Employers must notify employees and both state and local representatives. This helps workers prepare for job loss, find new jobs, or train for new opportunities.  

Review WARN Frequently Asked Questions to learn more.

Who Receives the WARN Notice?

You are required to notify:

  • Your affected employees.
  • The Employment Development Department (EDD).
  • Your Local Workforce Development Area (Local Area).
  • The chief elected official of the local government affected by the WARN Notice.

Note: The chief elected official will vary according to the local government structure. In the case of elected boards, the notice is to be served upon the board’s chairperson.

Notifying Employees

You must notify your employees using a method of delivery that ensures their receipt of the notice at least 60 days before the mass layoff, plant closure, or relocation. Examples include:

  • First class mail.
  • Personal delivery with optional signed receipt.
  • A notice in your employee’s pay envelope.

Note: A ticketed or preprinted notice regularly included in each employee’s paycheck or pay envelope does not meet the requirements.

Notifying State and Local Representatives

You must submit all notices in writing to the EDD, your Local Area, and the chief elected official. Submitting an accurate WARN Notice ensures that assistance is promptly provided to affected employees.

The written notice must include the following information:  

  • Name and address of the employment site where the mass layoff, plant closure, or relocation will occur.
  • Name and phone number of a company official who can be contacted if we need more information.
  • Statement that says if the planned action will be permanent or temporary.
  • Statement that says if the entire plant will be closed.
  • Expected date of the first separation, and the expected schedule for subsequent separations.
  • Job titles of affected positions, and the number of employees to be laid off in each job title.
    • For a lay-off affecting multiple locations, list the job titles and the number of affected employees by job title for each location. Please refer to this for multiple impacted locations.
  • List if bumping rights exist.
  • Name of each union representing affected employees, if applicable.
  • Name and address of the chief elected officer of each union, if applicable.

Note: For more information on what must be in a WARN notice delivered to your employees, please refer to Title 20 Code of Federal Regulations Section 639.7.

Filing a WARN Notice with the EDD

To file your WARN Notice with the EDD, email EDDWarnNotice@edd.ca.gov. Your email should:

  • Include the employer name in the subject line.
  • Include the written WARN notice as an attachment. (Accepted file types include: .DOC, .DOCX, and .PDF)
  • Include contact information in case we have questions.

Filing a WARN Notice with your Local Area and Chief Elected Officials

You can find your Local Area in the Local Workforce Development Area Administrators listing.

Your Local Area will then help you contact the appropriate chief elected official.

What Happens After I File the WARN Notice?

After your WARN Notice is filed and processed, your Local Area will contact you to provide Rapid Response Services to the workers impacted by the mass layoff, plant closure, or relocation.  

The Rapid Response teams will work with your company to minimize the disruptions associated with job loss on your business, workers, and community. The Rapid Response Teams are a combined effort between our staff, and the Local Areas through the America’s Job Center of CaliforniaSM (AJCC).

Rapid Response Teams share information about the adult and dislocated worker services available:

  • Under Title I of the Workforce Innovation and Opportunity Act.
  • Through the AJCCs.
  • Through our Unemployment Insurance programs.

For more information about Rapid Response Services, review the following Fact Sheets:  

If worker dislocation is the result of foreign competition or foreign relocation, the dislocated worker may be eligible for Trade Adjustment Assistance Program, which can include:

  • Employment and case management services
  • Training benefits
  • Trade Readjustment Allowances
  • Job Search allowances
  • Relocation allowances
  • Alternative or Reemployment Trade Adjustment Assistance

For Public Records Requests: Submit your Public Records Request through the GovQA portal by selecting the WARN Notice Request category.

WARN Act Coordinator

For more information about WARN-related services, contact the WARN Act Coordinator or your Local Workforce Development Area Administrator.

Media Requests

For all media requests, contact the EDD Media Services Office. WARN requests will be processed within 10 days of receiving your request.

Other Contacts

Department of Industrial Relations

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

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

Notification Requirements

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.

The following is a side-by-side chart that provides the general standards of the law:

 

General Provisions of the Federal and California WARN Laws
Category Federal WARN California WARN
Covered Employers Applicable only to employers with 100 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 2101 and 20 CFR 639.3) 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 1400.5 (a) and (h)]
Mass Layoff, Termination, Relocation or Relocation of a Call Center Plant closings involving 50 or more employees during a 30-day period. Layoffs within a 30-day period involving 50 to 499 full-time employees constituting at least 33% of the full-time workforce at a single site of employment. Layoffs of 500 or more are covered regardless of percentage of workforce. (29 USC, et seq., 2101 and 20 CFR 639.3) Plant closure affecting any amount of employees. Layoff of 50 or more employees within a 30-day period regardless of % of workforce. Relocation of at least 100 miles affecting any amount of employees. Relocation of a call center to a foreign country regardless of the percentage of workforce affected. [California Labor Code Section 1400.5 (d)-(f) and 1409 (b)]
Legal Jurisdiction Enforcement 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 2101, et seq) Civil action may be brought in “any court of competent jurisdiction” related to a Mass Layoff, Termination, Relocation, or Relocation of a Call Center. 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. The Labor Commissioner may enforce the notice requirements, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of a full investigation or hearing. (California Labor Code Sections 1404 and 1406)
Employer Liability 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)].

A possible civil penalty of $500 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 1403)

A call center employer who does not provide notice is ineligible to be awarded or have renewed any direct or indirect state grants or state-guaranteed loans for five years and shall be ineligible to claim a tax credit -for five taxable years. (California Labor Code Section 1411 (a))
Notice Requirements An Employer must provide written notice 60-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, 2102; 20 CFR 639.5) An employer must give notice 60-days prior to a mass layoff, termination, relocation, or relocation of a call center. 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 1401)
Exceptions and Exemptions to Notice Requirements

Regular Federal, State, local and federally recognized Indian tribal governments are not covered.
(29 USC, 2102 (a); 20 CFR 639.3)

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, 2101 (b) (2); 20 CFR 639.5)

The closure is due to unforeseeable business circumstances, a natural disaster.
(29 USC, 2103; 20 CFR 639.9)

The closing or layoff constitutes a strike or constitutes a lockout not intended to evade the requirement of this chapter.
[29 USC, 2103 (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 1400.5 (g)(1)]
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 1400.5 (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 1401 (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 1402.5) This exception does not apply to notice of a mass layoff as defined in California Labor Code Section 1400.5 (d).
[California Labor Code Section 1402.5 (d)]
[California Labor Code Section 1400 (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 1400 (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 1401 (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 1402.5) This exception does not apply to notice of a mass layoff as defined in California Labor Code Section 1400.5 (d).
[California Labor Code Section 1402.5 (d)]

Work Sharing Program

Thinking about layoffs? Instead, apply for the Work Sharing Program. Cut hours and wages while we pay partial unemployment benefits. Keep great employees! Avoid the cost of hiring and training new employees when your business or the economy improves. This program has less impact on your unemployment taxes than a full layoff, and it can positively affect employee morale and loyalty.

Senate Bill (SB) No. 1089 – Grocery and Pharmacy Closures

Effective January 1, 2025, SB 1098 requires that certain grocery stores and pharmacies provide written notice of their closure to the EDD and other specified entities no later than 45 days before the closure takes effect. This notification requirement is separate from the WARN Notice. If the closure meets the conditions requiring a WARN Notice, employers are not required to issue a separate SB 1098 closure notice to the EDD. Review the SB 1089 Frequently Ask Questions to learn more.