Senate Bill (SB) 1089 Frequently Asked Questions

SB 1089 adds Chapter 42 to Division 8 of the California Business and Professions Code and applies to specific grocery and pharmacy establishments. Like WARN, SB 1089 requires these establishments submit a written notice to the employees impacted, the Employment Development Department, the Local Workforce Development Area (Local Area), and the chief elected official of each city and county affected before the closure. SB 1089 adds additional notification requirements to the Department of Social Services and the California State Board of Pharmacy.

While a WARN Notice is required to be submitted 60 days before a closure, a SB 1089 notice is required to be submitted to the EDD 45 days before the closure.

A pharmacy or grocery establishment that qualifies as a covered establishment under the CA WARN Act is not required to submit a separate SB 1089 closure notice to the EDD, the Local Area, or the chief elected official of each city and county where the establishment is located if a WARN Notice has been submitted.

A grocery or pharmacy establishment that is owned by a person or entity with 15 or fewer locations nationwide and who does not qualify as a covered established under the CA WARN Act, only needs to provide written notice of closure to the affected employees, and to the State Department of Social Services and the California State Board of Pharmacy, if applicable.

Contact your Local Area Administrator to find the contact information for the city and county chief elected official where the closure is taking effect.

To file a SB 1089 closure notice with the EDD, email EDDWarnNotice@edd.ca.gov. The email should:

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

A SB 1089 written notice must include:

  • The following statement at the top of the notice: “This notice is for the SB 1089 closure notice requirements.”
  • Name and address of the employment site where the closure will occur.
  • Anticipated date of closure.
  • Name and phone number of a company official who can be contacted if we need more information.
  • Statement that says if the planned action is permanent or temporary.
  • Expected date of first employee separation, and the expected schedule of subsequent separations, if different than the date of closure.
  • The company’s North American Industry Classification System (NAICS) Code.
    • Visit gov to find your NAICS Code.
  • Job title of affected positions, and the number of employees in each job title.
    • For closures affecting multiple locations, list the job titles and the number of affected employees by job title for each location.
  • List if bumping right exist.
  • Name of each union representing affected employees, if applicable.
  • Name and address of the chief elected officer of each union, if applicable.